Mahagammulla Gamage v Elsey and Harrison

Landlord wins · Etobicoke · 2022-11-30

Adjudicator

Inderdeep Padda

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

A.M.G.

Tenant

C.S.E., I.T.H.

Landlord rep

Rajan Mahavalirajan

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 tenancy is terminated unless the tenants pay $28,186 by November 30, 2022 or $30,986 by December 11, 2022 to void the order. If the tenancy is terminated, the tenants must pay $23,384.07 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.