Hanard Investments Limited v Marchese

Landlord wins · Toronto · 2021-06-21

Adjudicator

Richard Ferriss

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Hanard Investments Limited

Tenant

A.M.

Landlord rep

Jason Paine

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 July 2, 2021. The Tenant must move out of the rental unit on or before July 2, 2021. The amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent and compensation the Landlord is entitled to by $1,284.36. The Landlord is authorized to offset $60.48 per day for compensation for the use of the unit starting June 22, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. The Tenant must pay $1,759.79 if the payment is made on or before June 30, 2021, or $3,639.72 if the payment is made on or before July 2, 2021 to void the eviction order and continue the tenancy.