Evictly

Choy v Mullins

Landlord wins · Toronto · 2020-10-05

Adjudicator
Shelby Whittick
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$5-10K
Landlord
A.C.
Tenant
S.M.
Landlord rep
Kevin Choy

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 of Termination, which the Tenant did not void by paying the arrears. The Tenant had not paid the full rent from February 1, 2019 to September 30, 2020.

The ruling

The tenancy is terminated effective October 16, 2020. The Tenant must pay the Landlord $8,937.88, which includes rent arrears and compensation up to October 5, 2020, less the rent deposit and interest owed on the deposit. The Tenant must also pay $15.62 per day for compensation for use of the unit from October 6, 2020 until the Tenant moves out. If the Tenant pays $10,345 on or before October 16, 2020, the eviction order will be void and the tenancy will continue.