Chiu v Mendez

Landlord wins · Whitby · 2021-08-25

Adjudicator

Anthony Bruno

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

A.K.F.C.

Tenant

T.M.

Landlord rep

Leon Presner

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 ruling

The tenancy is terminated effective September 5, 2021. The tenant must pay the landlord $21,111.72, which includes rent arrears up to August 25, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenant must also pay $78.25 per day for compensation for use of the unit starting August 26, 2021 until the tenant moves out. If the tenant does not pay the full amount by September 5, 2021, the landlord may file the order with the Sheriff to enforce the eviction.