Senanayake v Gray
Landlord wins · North York · 2022-01-31
- Adjudicator
- Egya Sangmuah
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- M.S.
- Tenant
- P.G.
- Landlord rep
- D. Rodrigo
- Tenant rep
- Kyle Warwick
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant vacated the rental unit on April 17, 2021 with the consent of the Landlord. The Landlord claimed the Tenant did not pay the full rent from October 1, 2020 to April 17, 2021, but the Tenant paid $2,850 after the application was filed. The Landlord failed to prove the Tenant authorized the use of the $1,760 rent deposit to pay rent arrears.
The ruling
The Tenant shall pay the Landlord $147.02, which represents the rent owing and application filing fee, less the rent deposit. If the Tenant does not pay the full amount by February 11, 2022, they will owe interest at 2% annually on the outstanding balance.