Feinstein Corporation Ltd. v Provenzano
Landlord wins · Toronto · 2021-09-14
- Adjudicator
- Member, Landlord and Tenant Board
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- Feinstein Corporation Ltd.
- Tenant
- M.J.P.
- Landlord rep
- Todd Feinstein, Allistair Trent
- Tenant rep
- Duty Counsel
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 September 25, 2021. The Tenant must pay the Landlord $22,586.64, which includes rent arrears up to September 14, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $78.08 per day for compensation for the use of the unit starting September 15, 2021 until the Tenant moves out. If the Tenant pays the Landlord $26,311.00 on or before September 25, 2021, the eviction order will be void and the Tenant can remain in the unit.