Evictly

240 Markland Drive LP v Power

Landlord wins · Etobicoke · 2025-11-05

Adjudicator
Sheena Brar
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
<$5K
Landlord
240 Markland Drive LP
Tenant
J.F.K.P.
Landlord rep
S. Harris

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant admitted to withholding rent because of unresolved parking issues but failed to comply with the LTB's disclosure rules regarding these claims. Consequently, the Tenant was not permitted to raise these issues under section 82 during this hearing.

The ruling

The tenancy is terminated effective November 16, 2025, unless the Tenant voids the order by paying $4,715.47 (which includes November rent and the filing fee, minus payments made). If the Tenant moves out, the Landlord must pay the Tenant $1,282.48, representing the rent deposit and interest minus the arrears and filing fee, subject to a daily compensation deduction of $95.85 for each day the Tenant remains in the unit after October 29, 2025.