Coal Harbour Properties LLP v Samson and Patel

Landlord wins · Toronto · 2021-11-16

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Coal Harbour Properties LLP

Tenant

B.S., K.P.

Landlord rep

Kenia Afolabi

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants had not vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective November 30, 2021. The Tenants must pay the Landlord $5,802.29, which represents the amount of rent owing and compensation up to November 16, 2021, less the rent deposit. The Tenants must also pay the Landlord $54.15 per day for compensation for the use of the unit starting November 17, 2021 to the date the Tenants move out of the unit, as well as $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by November 30, 2021, they will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by November 30, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.