AMSTAR POOL I LP v WILKINSON

Split/Other wins · Toronto · 2025-07-02

Adjudicator

Karen Gonçalves

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

AMSTAR POOL I LP

Tenant

B.W.

Landlord rep

Krizia Hernandez

What happened

The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. During the proceedings, a second named individual was removed from the application as they were not a legal tenant. The Tenant had made significant payments toward the arrears after the application was filed, leaving a relatively small balance. The Adjudicator considered the Tenant's long-term residency and current payment status when determining the eviction date.

The ruling

The tenancy is ordered terminated, but the Tenant is granted relief from eviction until December 31, 2025, provided they pay the required amounts to void the order. Due to a large payment made after the application filing, the Tenant currently has a credit balance of $447.53 when the last month's rent deposit is factored in. However, to maintain the tenancy, the Tenant must pay subsequent monthly rents and any remaining arrears/costs by specified deadlines. If the Tenant fails to void the order, they must vacate by year-end.