1351895 Ontario Ltd v Smith
Landlord wins · North York · 2021-10-25
- Adjudicator
- Member, Landlord and Tenant Board
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- 1351895 Ontario Ltd O/a Elmpark Manor Apts
- Tenant
- S.S., W.S.
- Landlord rep
- Patricia Marshall
- Tenant rep
- Sophie Smith
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 of Termination effective March 25, 2021, which the tenants did not void by paying the arrears. The parties agreed to delay the eviction until December 15, 2021, with the Tenants agreeing to pay $14,000 towards October rent and arrears by October 15, 2021.
The ruling
The tenancy is terminated effective December 15, 2021. The Tenants must pay the Landlord $10,952.30, which includes rent arrears up to October 25, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $52.51 per day for compensation for use of the unit starting October 26, 2021 until they move out. If the Tenants do not pay the full amount by November 5, 2021, they will owe interest. If the unit is not vacated by December 15, 2021, the Landlord may file the order with the Sheriff for enforcement.