Finch Main Gardens Ltd v Ruiz

Landlord wins · Toronto · 2021-09-13

Adjudicator

Marie-France Pelletier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Finch Main Gardens Ltd

Tenant

O.R.

Landlord rep

Samuel Korman

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 30, 2021. The Tenant must pay $4,962.53 to the Landlord, which includes rent arrears up to September 13, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $54.10 per day for compensation for the use of the unit starting September 14, 2021 until the Tenant moves out. If the Tenant does not pay the full amount owing by September 30, 2021, the Tenant will start to owe interest. If the unit is not vacated by September 30, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. If the Tenant pays $7,757.04 to the Landlord or the Board in trust by September 30, 2021, the eviction order will be void and the Tenant can remain in the unit.