Akelius Canada Ltd. v Mistry

Landlord wins · Etobicoke · 2023-02-23

Adjudicator

Anna Solomon

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Akelius Canada Ltd.

Tenant

M.M., R.M.

Landlord rep

Sabrina Sciulli

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving 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 tenants were still in possession of the rental unit on the hearing date.

The ruling

The order is limited to costs only and not eviction. The Tenants are ordered to pay the Landlord the remaining $127.18 of the application fee. If the Tenants do not pay the full amount by March 6, 2023, they will start to owe interest at 5% annually on the outstanding balance.