Sumit Sharma v Dwayne Dawkins Davan

Landlord wins · North York · 2023-04-26

Adjudicator

John Cashmore

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

S.S.

Tenant

A.K., D.D.D.

Landlord rep

Peter Balatidis

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit at the time of the hearing.

The ruling

The tenancy will be terminated on May 7, 2023 unless the tenants pay $20,336 by April 30, 2023 or $22,336 by May 7, 2023 to void the order. If the tenancy is terminated, the tenants must pay $17,107.95 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay daily compensation of $65.75 for each day of occupation starting April 13, 2023 until they vacate the unit.