Amstar Pool I Lp v Kwame Appiah

Landlord wins · Toronto · 2021-07-30

Adjudicator

Nicola Mulima

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Amstar Pool I Lp

Tenant

K.A.

Landlord rep

J. Aloy

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant was not present at the hearing.

The ruling

The tenancy is terminated effective August 31, 2021. The tenant must move out by that date. The landlord owes the tenant $836.40 from the rent deposit and interest, but the landlord can offset $40.77 per day for compensation starting July 31, 2021 and $186 for the application fee. If the tenant pays $457.91 by July 31, 2021 or $1,697.85 by August 31, 2021, the tenant can void the eviction order and continue the tenancy.