Marbella Apartments Inc. v Kokeny

Landlord wins · North York · 2023-06-05

Adjudicator

Heather Kenny

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

Marbella Apartments Inc.

Tenant

B.S., N.K., P.K.

Landlord rep

N Mizzi, J Pokrajac

Tenant rep

Z Kokeny

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 at the time of the hearing.

The ruling

The tenancy will be terminated on June 16, 2023 unless the tenants pay $28,836 to void the order and continue the tenancy. If the tenancy is terminated, the tenants must pay $24,304.99 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay daily compensation of $56.71 for each day of occupation starting April 14, 2023.