Dis - Wilson v Knight

Landlord wins · Toronto · 2020-10-22

Adjudicator

Dawn Sullivan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

D.W.

Tenant

T.K.

Landlord rep

David 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 ruling

The tenancy is terminated effective November 2, 2020. The Tenant must move out of the rental unit on or before November 2, 2020. The amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent and compensation the Landlord is entitled to by $1,297.26. The Landlord is authorized to offset $35.19 per day for compensation for the use of the unit starting October 23, 2020 to the date the Tenant moves out of the unit, and $175.00 for the cost of filing the application. If the Tenant wishes to void this order and continue the tenancy, the Tenant must pay $231.79 if the payment is made on or before October 31, 2020, or $1,302.02 if the payment is made on or before November 2, 2020.