Carnovale v Antle

Landlord wins · Alliston · 2023-02-22

Adjudicator

John Tzanis

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

R.C., A.C., B.C., R.C.

Tenant

J.A., M.A.

What happened

Landlords 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 ruling

The tenancy is terminated unless the Tenant voids the order by paying $7,544.30 (minus any payments made since the hearing date) on or before February 28, 2023, or $8,606.90 (minus any payments made since the hearing date) on or before March 5, 2023. If the Tenant does not void the order, the Tenant shall pay the Landlord $978.21, which includes rent arrears, filing fees, and NSF charges, minus the rent deposit and interest owed to the Tenant. The Tenant shall also pay the Landlord $34.93 per day for use of the unit starting September 29, 2022 until the Tenant moves out.