Devamm Investments IIA Ltd. v Dos Santos

Landlord wins · Toronto · 2021-10-04

Adjudicator

Kathleen Wells

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Devamm Investments IIA Ltd.

Tenant

N.D.S.

Landlord rep

Bryan Rubin

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 as of the hearing date.

The ruling

The tenancy is terminated effective October 15, 2021. The Tenant must pay the Landlord $924.21, which includes rent arrears, compensation, and NSF cheque charges, less the rent deposit and interest owed on the deposit. The Tenant must also pay $43.98 per day for compensation for use of the unit starting October 5, 2021 until the Tenant moves out. If the Tenant pays $3,521.18 on or before October 15, 2021, the eviction order will be void and the Tenant can remain in the unit.