Waqar v Mckay

Landlord wins · Oshawa · 2024-10-04

Adjudicator

James Campbell

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

H.W.

Tenant

C.M., K.B., K.G.

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. One of the tenants, Mr. Barton, had moved out in July 2023 but the landlord did not agree to remove him from the lease. The remaining tenants, Chantelle Mckay and Kevin Gardiner, have been paying the rent since April 2024.

The ruling

The joint tenancy was severed when one of the tenants, Mr. Barton, moved out in July 2023. The remaining tenants, Chantelle Mckay and Kevin Gardiner, have been paying the rent since April 2024, which the landlord accepted. The Landlord is ordered to terminate the tenancy on October 31, 2024 unless the Tenants pay $4,086 to void the order and continue the tenancy. If the Tenants do not pay, they must vacate the unit by October 31, 2024 and the Landlord is owed a net amount of $816.89 plus daily compensation.