2058159 Ontario Limited v Senior and Bailey

Landlord wins · Toronto · 2021-05-03

Adjudicator

Rebecca Case

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

2058159 Ontario Limited (York Towers)

Tenant

C.S., N.B.

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 May 31, 2021. The Tenants must pay the Landlord $1,319.41, which represents the amount of rent owing and compensation up to May 3, 2021, less the rent deposit. The Tenants must also pay the Landlord $40.19 per day for compensation for the use of the unit starting May 4, 2021 to the date the Tenants move out of the unit, and $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by May 14, 2021, they will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by May 31, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenants can void the eviction order by paying $3,853.67 on or before May 31, 2021.