1535 Birchmount Investments Inc. v Aradszki

Landlord wins · Toronto · 2021-03-24

Adjudicator

Dawn King

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

1535 Birchmount Investments Inc.

Tenant

J.A., J.D.

Landlord rep

Natasha Mizzi

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 to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears.

The ruling

The tenancy is terminated effective April 4, 2021. The Tenants must pay the Landlord $4,807.55 (less any payments made after November 4, 2020), which includes rent arrears and the application filing fee, minus the rent deposit and interest. The Tenants must also pay $33.90 per day for compensation for use of the unit starting March 25, 2021 until they move out. If the Tenants do not pay the full amount by April 4, 2021, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by April 4, 2021, the Landlord may file the order with the Sheriff for enforcement.