IMH POOL III LP v Rush

Landlord wins · Toronto · 2022-09-22

Adjudicator

Frank Ebner

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

IMH POOL III LP

Tenant

B.R.

Landlord rep

Prathana Bhat

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 will be terminated unless the Tenant pays $2,559.14 by September 30, 2022 or $4,904.14 by October 3, 2022 to void the order. The Landlord is entitled to reimbursement of the $186 application fee. The Tenant's issue regarding online payment fees was not considered as the Tenant did not provide the required advance notice.