1477 Birchmount Ltd. v Lowe

Landlord wins · Scarborough · 2023-02-13

Adjudicator

Sandra Macchione

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

1477 Birchmount Ltd.

Tenant

I.L., S.R.

Landlord rep

Elizabeth Chea

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. By the hearing date, only Tenant 1 remained in possession of the rental unit.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenant adheres to a payment plan. The Tenant must pay $2,916.43 in arrears and costs, with specific payment amounts due on February 17, March 1, April 1, and May 30, 2023. The Tenant must also pay full rent for February to May 2023 on time. If the Tenant fails to make any payments as ordered, the Landlord may apply for eviction within 30 days of the breach.