Filomena Sciscente Limited v Merns

Landlord wins · Toronto · 2023-01-11

Adjudicator

Sonia Anwar-Ali

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Filomena Sciscente Limited

Tenant

B.M.

Landlord rep

Debra Fine

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 is terminated unless the Tenant voids the order by paying $886 on or before January 22, 2023. If the Tenant does not void the order, the Landlord shall pay the Tenant $276.59, which represents the credit balance the Tenant would hold. The Tenant shall also pay the Landlord compensation of $20.79 per day for the use of the unit starting January 6, 2023 until the date the Tenant moves out.