Amstar Pool I LP v Llewelyn

Landlord wins · Toronto · 2021-09-22

Adjudicator

Douglas Wilkins

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Amstar Pool I LP

Tenant

C.L., M.A.L.

Landlord rep

Joanna Aloy

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 October 3, 2021. The Tenants must pay the Landlord $7,340.21, which includes rent arrears up to September 22, 2021 and the cost of filing the application, minus the rent deposit. The Tenants must also pay $52.64 per day for compensation for use of the unit starting September 23, 2021 until they move out. If the Tenants do not pay the full amount by October 3, 2021, they will owe interest, and the Landlord can file the order for enforcement.