Elder Garden Apartments v Byers

Landlord wins · Mississauga · 2021-01-06

Adjudicator

Douglas Wilkins

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Elder Garden Apartments

Tenant

K.B.

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 Tenant was in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective January 17, 2021. The Tenant must pay the Landlord $2,862.13, plus $41.46 per day starting January 7, 2021 until the Tenant moves out. If the Tenant pays $3,819.80 on or before January 17, 2021, the eviction order will be void and the Tenant can remain in the unit.