Briarcrest Manor v Akindele

Landlord wins · Toronto · 2021-01-22

Adjudicator

Sonia Anwar-Ali

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

B.M.

Tenant

S.A.

Landlord rep

Bryan Rubin

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 tenant was still in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective February 2, 2021. The Tenant must pay the Landlord $2,564.41, which includes rent arrears up to January 22, 2021 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $48.43 per day for compensation for use of the unit from January 23, 2021 until the Tenant vacates. If the Tenant does not pay the full amount by February 2, 2021, the Landlord may file the order with the Sheriff to enforce the eviction.