Azuria Group Incorporated v Dixon and Hay

Landlord wins · Toronto · 2021-07-19

Adjudicator

Sandra Macchione

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Azuria Group Incorporated

Tenant

B.D., S.H.

Landlord rep

C. Wong

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 not paid the total rent owed from April 1, 2020 to July 31, 2021.

The ruling

The tenancy is terminated effective July 30, 2021. The Tenants must pay the Landlord $14,437.39, which represents the amount of rent owing and compensation up to July 19, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay the Landlord $53.31 per day for compensation for the use of the unit starting July 20, 2021 to the date the Tenants move out of the unit, and $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by July 30, 2021, they will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by July 30, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.