Clearview Apartments v Henry

Landlord wins · Toronto · 2021-02-17

Adjudicator

Shannon Kiekens

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Clearview Apartments

Tenant

F.H.

Landlord rep

Elaine Page

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 vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective February 28, 2021. The tenant must pay the landlord $4,882.55, which includes rent arrears up to February 17, 2021 and the cost of filing the application, less the rent deposit. The tenant must also pay $32.84 per day for compensation for the use of the unit starting February 18, 2021 until the tenant moves out. If the tenant does not pay the full amount owing by February 28, 2021, the tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by February 28, 2021, the landlord may file the order with the Court Enforcement Office for enforcement.