Santos-Tabalan v Bokros

Landlord wins · North York · 2025-04-23

Adjudicator

James Campbell

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

K.M.S., A.T.

Tenant

A.B., B.B.

What happened

The Landlords filed an application to evict the Tenants for non-payment of rent. The Landlords submitted an amended application claiming $7,101.10 in arrears. At the hearing, the Tenants admitted to owing a greater amount, specifically three months' rent totaling $9,225.00. However, the Board was legally bound to only consider the amount claimed in the application. A conditional order was issued, allowing the Tenants to void the eviction by paying the amount owed.

The ruling

The tenancy is terminated unless the Tenants void the order by making specified payments. To continue the tenancy, the Tenants must pay $7,287.10 (arrears plus fee) by April 30, 2025. If the order is not voided, the Tenants must vacate by May 4, 2025, and pay the Landlords $4,122.31 (total arrears less deposit and interest), plus daily compensation for any additional days they occupy the unit. The award was limited to the amount the Landlords claimed, despite the Tenants admitting to a higher debt.