Evictly

Brenyon Way Charitable Foundation v Hayle

Landlord wins · Toronto · 2022-01-26

Adjudicator
Fabio Quattrociocchi
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$5-10K
Landlord
B.W.C.F.
Tenant
R.H., R.H.
Landlord rep
Bryan Rubin
Tenant rep
Christopher Lin

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 April 30, 2022. The Tenants must pay the Landlord $1,400.66, which represents the amount of rent owing and compensation up to January 26, 2022, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay the Landlord $40.64 per day for compensation for the use of the unit starting January 27, 2022 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 April 30, 2022, they will start to owe interest at 2.00% annually on the balance outstanding.