Daymark Realty Limited v Manikaros

Landlord wins · North York · 2023-01-26

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Daymark Realty Limited

Tenant

J.M.

Landlord rep

David Ciobataru

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 was still in possession of the rental unit on the hearing date.

The ruling

The tenancy will be terminated on February 15, 2023 unless the Tenant pays $1,225.53 by January 31, 2023 or $2,271.96 by February 15, 2023 to void the order. If the Tenant does not make the required payment, the Tenant must move out by February 15, 2023. The Landlord is authorized to deduct $34.40 per day for compensation for the Tenant's continued occupation of the unit starting January 17, 2023.