1704580 Ontario Limited v Goodwin and Higgins

Landlord wins · Toronto · 2020-11-03

Adjudicator

Alex Brkic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

1704580 Ontario Limited o/a Merl Properties

Tenant

I.G., R.H.

Landlord rep

David Ciobotaru

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 tenants had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective November 30, 2020. The Tenants must move out of the rental unit on or before November 30, 2020. The Landlord owes the Tenants $799.15 from the rent deposit and interest, but the Landlord is authorized to offset $51.07 per day for compensation for the use of the unit starting November 4, 2020 to the date the Tenants move out, and $175.00 for the cost of filing the application. If the Tenants pay $2,294.53 on or before November 30, 2020, the eviction order will be void and the tenancy will continue.