Hearn v Shantz

Landlord wins · Toronto · 2020-09-04

Adjudicator

A. Brkic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

M.H., K.H.

Tenant

C.S.

What happened

Landlords 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 September 15, 2020. The Tenant must pay the Landlords $7,390.28, which includes rent arrears up to September 4, 2020 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $46.86 per day for compensation for use of the unit from September 5, 2020 until the Tenant vacates. If the Tenant does not pay the full amount by September 15, 2020, the Landlords may file the order with the Sheriff to enforce the eviction.