Vimalanathan v O'Callaghan

Landlord wins · Newcastle · 2022-04-01

Adjudicator

Dawn Wickett

Dispute

Damage to Property, Non-payment of Rent

Notice

Non-payment of rent (L1), Damage to Rental Unit (L2)

Amount

>$20K

Landlord

A.V.

Tenant

R.O.C., R.E.P.

Landlord rep

Allistair Trent

What happened

Landlord applied for orders to terminate the tenancy and evict the Tenants due to non-payment of rent and damage to the rental unit. The applications were resolved by order HOL-11539-21 issued on January 7, 2022. The Tenants requested a review of the order, alleging they were not reasonably able to participate in the hearing held on October 5, 2021 because they had to attend the Ontario Court of Justice on the same date.

The ruling

The tenancy is terminated as of May 31, 2022, and the Tenants must move out of the rental unit on or before that date. The Tenants shall pay the Landlord $26,000, which represents the amount of rent owing and the cost of filing the application. If the Tenants do not vacate the rental unit by May 31, 2022, they shall pay the Landlord $60.82 per day for compensation for the use of the unit starting June 1, 2022 until the date they move out. If the unit is not vacated by May 31, 2022, the Landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.