Better Living Homes Inc v Lynch, Fullerton, Mitchell

Landlord wins · Toronto · 2021-03-10

Adjudicator

Dawn King

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Better Living Homes Inc

Tenant

K.L., R.F., T.M.

Landlord rep

Brian Rubin

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 on September 8, 2022, prior to the hearing date.

The ruling

The tenancy is terminated effective March 21, 2021. The tenants must pay $5,248.59 to the landlord, which includes rent arrears up to the termination date and the cost of filing the application, minus the rent deposit and interest on the deposit. If the tenants do not pay the full amount by March 21, 2021, they will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by March 21, 2021, the landlord may file the order with the Sheriff for enforcement.