Attar v O'Brien

Landlord wins · Toronto · 2021-01-06

Adjudicator

Sonia Anwar-Ali

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

D.A.

Tenant

S.A.O.

Landlord rep

David Ciobotaru

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 January 17, 2021. The Tenant must pay the Landlord $13,324.19, which includes rent arrears up to January 6, 2021, NSF cheque charges, and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $77.26 per day for compensation for use of the unit starting January 7, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by January 17, 2021, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by January 17, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant can void the eviction order by paying $17,800.00 to the Landlord or the Board in trust by January 17, 2021.