Evictly

Thisaiveerasingam v D'ambrosio

Landlord wins · Bowmanville · 2025-07-03

Adjudicator
Robert Patchett
Dispute
Non-payment of Rent, Persistent Late Payment
Notice
Non-payment of rent (N4)
Amount
>$20K
Landlord
S.T.
Tenant
D.D., S.C.
Landlord rep
Douglas Allen, Christina Nastas
Tenant rep
Dan Schofield

What happened

The Landlord applied to terminate the tenancy and evict the Tenants due to non-payment of rent and persistent late payment. Tenant 1 claimed he had vacated the unit long before the application was filed and sought to be removed as a party. The Landlord's representative requested an adjournment due to a scheduling conflict, which was denied. The Board found that Tenant 1 failed to provide credible evidence of when he vacated and ruled that he remained liable as a joint tenant.

The ruling

The tenancy was terminated effective November 30, 2023. The Tenants are ordered to pay the Landlord $33,786.00 for rent arrears and the application filing fee, after deducting the rent deposit. The Landlord's application for persistent late payment was dismissed as moot. Interest will accrue at 5% annually if the amount is not paid by July 14, 2025.