Demkowicz v Waryah
Landlord wins · Mississauga · 2025-04-24
- Adjudicator
- Greg Witt
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- B.D.
- Tenant
- S.W., R.R.
- Landlord rep
- Angela Smith
What happened
The Landlord applied to evict the Tenants for non-payment of rent. The Tenants contested the application, claiming they never received the N4 Notice of Termination and had paid all rent arrears. The Landlord provided a Certificate of Service and a rent ledger as evidence. The Board found the notice was properly served by mail and preferred the Landlord's documentary evidence over the Tenants' unsupported testimony. The total rent arrears exceeded the Board's $35,000 monetary jurisdiction, and the Landlord agreed to waive the excess amount. The Board denied the Tenants' request for relief from eviction.
The ruling
The tenancy is terminated unless the Tenants pay the Landlord $35,186.00 by May 5, 2025. This amount is capped by the LTB's monetary jurisdiction. If payment is not made, the Tenants must vacate by May 5, 2025, and are ordered to pay the Landlord $31,378.78 (for arrears up to the hearing date plus costs, less the deposit and interest) plus daily compensation of $108.36 from April 1, 2025, until they move out. Relief from eviction was denied due to the significant arrears and the absence of a plausible repayment plan.