Stanchester Charitable Foundation v Da Silva

Landlord wins · York · 2025-11-03

Adjudicator

Jeremy Henderson

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.C.F.

Tenant

C.D.S.

Landlord rep

Eric Steiman

Tenant rep

Sara Murtadha

What happened

The Landlord applied to terminate the tenancy and evict the Tenant due to substantial rent arrears. A key point of contention was whether a $65.00 monthly parking fee constituted lawful rent. The Tenant also requested relief from eviction based on personal hardships involving her adult daughters.

The ruling

The tenancy is terminated effective November 30, 2025, unless the Tenant voids the order by paying $10,349.00. If the Tenant does not void the order, she must vacate by the termination date and pay the Landlord $2,688.51 (representing arrears up to the hearing date minus the deposit and interest). Daily compensation of $64.87 is required for each day the Tenant remains in the unit after September 3, 2025.