Tavernese v Mitchell
Landlord wins · York · 2023-05-05
- Adjudicator
- Alicia Johnson
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- M.T.
- Tenant
- I.U., M.M., M.M.
- Landlord rep
- Katrina Tavernese
- Tenant rep
- Mitzie Mclarty
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 31, 2023 unless the tenants pay $27,510 to void the order and continue the tenancy. If the tenancy is terminated, the tenants must pay $21,290.72 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 will also owe daily compensation of $69.04 for each day of occupation starting March 28, 2023.