DARBY HALL REALTY LTD. v Marrett

Split/Other wins · Scarborough · 2023-02-02

Adjudicator

Margo den Haan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

DARBY HALL REALTY LTD.

Tenant

A.M.

Landlord rep

Dora Campea

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Parties came to an agreement for the repayment of the rent arrears and the Landlord stated that they were no longer seeking a termination of the tenancy.

The ruling

The Tenant shall pay the Landlord $12,072.00, which represents the amounts of rent ($11,886.00) and costs ($186.00) outstanding for the period ending January 31, 2023. The Tenant shall pay the amount in accordance with a repayment plan agreed upon by the Parties. If the Tenant fails to make any one of the payments, the outstanding balance shall become immediately due and owing, and the Landlord may apply to the LTB for an order terminating the tenancy and evicting the Tenant.