Associated Capital Corp. v Yimo

Landlord wins · Toronto · 2021-02-17

Adjudicator

Nicola Mulima

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Associated Capital Corp.

Tenant

R.M.Y.

Landlord rep

S. Harris

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 ruling

The tenancy is terminated effective February 28, 2021. The Tenant must pay the Landlord $9,336.40, which represents the amount of rent owing and compensation up to February 17, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $39.48 per day for compensation for the use of the unit starting February 18, 2021 to the date the Tenant moves out of the unit. If the Tenant does not pay the full amount owing by February 28, 2021, the Tenant will start to owe interest. If the unit is not vacated by February 28, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. If the Tenant pays $3,542.69 to the Landlord or the Board in trust by February 28, 2021, the eviction order will be void and the tenancy will continue.