Cheung v Swaminathan

Landlord wins · Scarborough · 2023-03-10

Adjudicator

Kathleen Wells

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

H.C.

Tenant

T.S.

Landlord rep

Yun Tau Li

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 incarcerated and had not returned the keys to the unit.

The ruling

The tenancy is terminated unless the Tenant pays $13,386 by March 21, 2023 to void the order and continue the tenancy. If the Tenant does not pay, they must move out by March 21, 2023 and pay the Landlord $11,183.25 plus $39.45 per day in compensation starting January 6, 2023.