Canadian Mental Health Association v Tyrell

Landlord wins · Whitby · 2020-11-30

Adjudicator

Arnab Quadry

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

C.M.H.A.

Tenant

L.T.

Landlord rep

Kevin Anderson

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 had not paid the full rent from July 2019 to November 2020.

The ruling

The tenancy is terminated effective December 11, 2020. The tenant must pay $1,487.31 to the landlord, which includes rent arrears up to November 30, 2020 and the application filing fee, minus the amount the tenant already paid. The tenant must also pay $16.34 per day for compensation for use of the unit starting December 1, 2020 until the tenant moves out. If the tenant does not pay the full amount by December 11, 2020, the tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by December 11, 2020, the landlord may file the order with the Sheriff for enforcement.