Danbar Property Holdings II LP v Downie

Landlord wins · Toronto · 2022-01-11

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Danbar Property Holdings II LP

Tenant

M.D.

Landlord rep

Sharon Harris

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 February 4, 2022. The Tenant must pay $2,516.10 to the Landlord, which includes rent arrears up to January 11, 2022 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $36.77 per day for compensation for the use of the unit starting January 12, 2022 until the Tenant moves out. If the Tenant does not pay the full amount by February 4, 2022, the Tenant will start to owe interest at 2.00% annually on the outstanding balance. If the unit is not vacated by February 4, 2022, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.