Di livio v Earles

Landlord wins · Brantford · 2023-09-26

Adjudicator

Sonia Anwar-Ali

Dispute

Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Persistent late payment (N5)

Amount

>$20K

Landlord

L.D.L., M.D.L.

Tenant

K.E.

Landlord rep

Jackie Struthers

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and substantial interference with the Landlord's lawful rights. The Landlord served a valid N4 notice for non-payment of rent and an N5 notice for failure to pay utilities, which the Tenant did not void.

The ruling

The tenancy is terminated effective October 7, 2023. The Tenant must pay the Landlord $23,151.35, which includes rent arrears, unpaid utilities, and the application filing fee, less the rent deposit and interest. If the Tenant does not vacate by October 7, 2023, the Landlord may file the order with the Sheriff for enforcement.