AFAM HOLDING LTD. v Besztercei

Landlord wins · Toronto · 2022-09-14

Adjudicator

Kelly Delaney

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

AFAM HOLDING LTD.

Tenant

K.M., B.M.B.

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 still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant voids the order by paying $17,186 on or before September 30, 2022. If the Tenant does not void the order, the Tenant must pay $13,660.75 to the Landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay compensation of $55.89 per day for use of the unit starting August 30, 2022 until the Tenant moves out. If the Tenant does not pay the full amount owing by September 25, 2022, the Tenant will start to owe interest at 2% annually on the outstanding balance.