1866307 Ontario Limited v Birk and Mohammed

Landlord wins · Toronto · 2020-10-19

Adjudicator

Arnab Quadry

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

1866307 Ontario Limited

Tenant

J.B., R.M.

Landlord rep

Talie Veltman, Kevin Gilhooly, Cathy Corsetti

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 were in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective October 30, 2020. The Tenants must pay the Landlord $28,354.93, which includes rent arrears, NSF charges, and the application filing fee, less the rent deposit and interest. The Tenants must also pay $103.56 per day for compensation for use of the unit starting October 20, 2020 until they vacate. If the Tenants pay $37,990 on or before October 30, 2020, the eviction order will be void and the tenancy will continue.