Amstar Pool I LP v Defoy

Landlord wins · East York · 2023-02-16

Adjudicator

Jagger Benham

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Amstar Pool I LP

Tenant

C.D., F.D., N.R.

Landlord rep

Matt Anderson

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 Tenants pay $2,474.15 to void the order by February 28, 2023. If the Tenants do not pay this amount, the tenancy is terminated, and the Tenants must vacate the unit by February 28, 2023. The Tenants will then owe $144.55 to the Landlord, plus $38.82 per day in compensation for continued occupation of the unit.