809744 Ontario Limited v Ishmail

Landlord wins · Markham · 2024-07-29

Adjudicator

Jonathan Rosenstein

Dispute

Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Persistent late payment (N5)

Amount

>$20K

Landlord

809744 Ontario Limited

Tenant

A.I.

Landlord rep

Kevin Kok

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and substantial interference with other tenants' reasonable enjoyment of the residential complex. The Landlord served valid N4 and N5 notices, but the Tenant did not void the notices. The Tenant was absent from the hearing, but the Landlord's evidence showed the Tenant repeatedly generated excessive noise that disturbed other tenants until the Tenant's sound equipment was seized by police.

The ruling

The tenancy is terminated unless the Tenant pays $32,238.30 by July 31, 2024 or $34,181.95 by August 12, 2024 to void the order. If the Tenant does not void the order, they must vacate the unit by August 12, 2024 and pay the Landlord $28,222.88 plus daily compensation.