Evictly

Sanmugalingam v Byrd

Split/Other wins · Windsor · 2023-10-10

Adjudicator
Mark Melchers
Dispute
Non-payment of Rent, Persistent Late Payment
Notice
Non-payment of rent (N4), Persistent late payment (N8)
Amount
$5-10K
Landlord
A.S.
Tenant
O.B.
Landlord rep
Trevor Scheib

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and persistent late payment of rent. The Landlord served valid N4 and N8 notices, but the Tenant did not void the N4 notice by paying the rent arrears.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenant pays the rent arrears of $9,684 through a payment plan over 12 months. If the Tenant fails to make any of the required payments, the Landlord may apply to terminate the tenancy.