Evictly

Li v Kennedy

Landlord wins · North York · 2025-04-15

Adjudicator
Dana Wren
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
>$20K
Landlord
W.L., F.Z.L., X.Y.L.
Tenant
D.K., F.E.B.
Landlord rep
Victoria Zarif
Tenant rep
Kyle Warwick

What happened

The Landlords filed an application to evict the Tenants for non-payment of rent. An initial order was issued, but the Tenants requested a review. The review was granted, leading to a new hearing (de novo). At this hearing, the Board found that the Tenants' representative failed to properly serve their disclosure documents on the Landlords' new representative, as required by an interim order. Due to this procedural failure and the substantial rent arrears, the Board decided not to hear the Tenants' maintenance issues (s.82 issues) and proceeded only with the Landlords' non-payment application. The Tenants acknowledged the arrears.

The ruling

The previous order is cancelled. The tenancy is terminated unless the Tenants pay $27,486.00 by April 30, 2025. If they fail to void the order, they must move out by April 30, 2025, and pay the Landlords $26,099.28 plus daily compensation of $24.66 from April 8, 2025, until they vacate. The Landlords can file for eviction with the Sheriff on or after May 1, 2025, if the Tenants do not comply.