Evictly

Do v Abouelkhir

Landlord wins · Mississauga · 2024-04-17

Adjudicator
Christina Philp
Dispute
Non-payment of Rent, Personal Use
Notice
Non-payment of rent (N4), Personal use (N12)
Amount
<$5K
Landlord
X.T.D.
Tenant
M.Y.F.A., N.S.H.
Landlord rep
Victoria Marr
Tenant rep
Bruce Parsons

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent and the Landlord's good faith requirement of the rental unit for personal use. The Landlord withdrew the personal use application as the Tenants had already vacated the rental unit. The Landlord served a valid N4 notice for non-payment of rent, which the Tenants did not void by paying the arrears.

The ruling

The tenancy was terminated effective June 12, 2023, the date the Tenants vacated the rental unit. The Tenants owe the Landlord $2,023.74, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit. If the Tenants do not pay the full amount by May 5, 2024, they will owe interest at 7% annually on the outstanding balance.