Abdalla v Deer and Jackson

Landlord wins · Milton · 2020-11-09

Adjudicator

Renee Lang

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4), Landlord's own use (N12)

Amount

<$5K

Landlord

Y.A.

Tenant

D.J., I.D.

Landlord rep

A. Elladin

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The Landlord served a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenants did not void by paying the arrears. The Landlord also served an N12 notice for landlord's own use, but did not pay the required compensation to the Tenants.

The ruling

The tenancy was terminated effective February 7, 2020, the date the Tenants vacated the rental unit. The Tenants are ordered to pay $1,375.76 to the Landlord, which includes rent arrears up to the move-out date, the cost of filing the application, and interest on the rent deposit, less the compensation owed to the Tenants for the improper N12 notice. The payment deadline was extended to January 31, 2021 due to the impact of COVID-19.