IMH POOL XX LP v Muddy

Landlord wins · North York · 2023-03-27

Adjudicator

William Greenberg

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

IMH POOL XX LP

Tenant

H.M., T.A.

Landlord rep

M. Anderson

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.

The ruling

The landlord's application for eviction is denied on the condition that the tenants pay $1,800 in arrears and maintain timely rent payments for the next 3 months. If the tenants fail to comply, the landlord may apply for an order terminating the tenancy and evicting the tenants.