Fisher-Kay Ltd v Oyalowo

Landlord wins · North York · 2021-07-19

Adjudicator

Donald MacVicar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Fisher-Kay Ltd o/a Fairway Place Apts

Tenant

A.A.O.

Landlord rep

Patricia Marshall

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 had not vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective July 31, 2021. The tenant must pay the landlord $1,984.14, which includes rent arrears up to July 19, 2021, less the rent deposit and interest owed on the deposit, plus the application filing fee. The tenant must also pay $54.72 per day for compensation for use of the unit starting July 20, 2021 until the tenant moves out. If the full amount is not paid by July 31, 2021, the tenant will start owing interest at 2% annually on the outstanding balance.