Bombay Court Limited v Fernandes

Landlord wins · Toronto · 2020-10-30

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Bombay Court Limited

Tenant

A.F., C.F.

Landlord rep

David Ciobotaru

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 ruling

The tenancy is terminated effective November 10, 2020. The Tenants must move out of the rental unit by that date. The amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent and compensation the Landlord is entitled to by $316.60. The Landlord is authorized to offset $36.00 per day for compensation for the use of the unit starting October 31, 2020 to the date the Tenants move out, and $175.00 for the cost of filing the application. If the Tenants wish to void the order and continue the tenancy, they must pay $970.43 on or before October 31, 2020, or $2,068.53 on or before November 10, 2020.