2310152 Ontario Inc. v Ojiaku and Ozor

Landlord wins · North York · 2021-03-15

Adjudicator

Khalid Akram

Dispute

Damage to Property, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

2310152 Ontario Inc.

Tenant

B.O., C.O.

Landlord rep

Benjamin Ghotbi, Alireza Hesami

Tenant rep

Bernadette Ojiaku, Chigozie Ozor

What happened

Landlord applied to terminate the tenancy and evict the Tenants due to non-payment of rent and damage to the rental unit. The Landlord served a valid N4 Notice for non-payment of rent, and the Tenants vacated the unit prior to the hearing date. The Landlord also claimed the Tenants negligently caused damage to the rental unit by failing to notify the Landlord in a timely manner about mold growth.

The ruling

The tenancy was terminated effective July 17, 2020, the date the Tenants vacated the rental unit. The Tenants are ordered to pay the Landlord $29,417.16, which includes rent arrears, compensation for the period after termination, NSF cheque charges, the cost of filing the applications, and $25,000 for the cost of repairing the damage caused by the Tenants' negligence in failing to promptly notify the Landlord of the mold growth.