Xiao v Li

Split/Other wins · Toronto · 2024-04-15

Adjudicator

Trish Carson

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

X.X.

Tenant

Y.L.

Tenant rep

Tenant Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant had vacated the rental unit on November 30, 2022, prior to the hearing date.

The ruling

The tenancy is terminated as of November 30, 2022, the date the Tenant vacated the rental unit. The Landlord must pay the Tenant $334.98, as the amount of the rent deposit and interest owed to the Tenant exceeds the rent arrears and application fee owed to the Landlord.