Sfichtelis v Wright

Landlord wins · Toronto · 2024-09-16

Adjudicator

Kyle Anderson

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

E.S.

Tenant

J.W.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.

The ruling

The Tenant failed to comply with the notice requirements under section 82(2) of the Act to raise tenant rights issues, so the Tenant was not permitted to raise those issues at the hearing. The Landlord served a valid N4 Notice, the Tenant did not void the notice, and the Tenant was still in possession on the hearing date. The Tenant sought relief from eviction but did not provide sufficient evidence to establish the Landlord was in serious breach of the Act or that the Tenant could pay the rent arrears and ongoing rent. Therefore, a standard voidable order was issued, allowing the Tenant to void the order by paying $4,157.08 by 2024-09-27, or else the tenancy will be terminated.