IMH POOL VI -A-LP v Messenger
Landlord wins · Toronto · 2023-03-07
- Adjudicator
- Natalie James
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- IMH POOL VI -A-LP
- Tenant
- R.D.M.
- Landlord rep
- Emma Bennett
What happened
Landlord applied for an order requiring Tenant to pay the rent that the Tenant owes. The Tenant was previously employed by the Landlord as the Resident Manager (Superintendent), and the Tenant's employment was terminated on December 14, 2021. The notice served on the Tenant did not accurately set out the rent due, and the Board found that the notice of termination did not meet the mandatory requirements contained in section 59(2) of the Act and is invalid. As a result, the application for an eviction order for non-payment of rent must be denied, and the Landlord elected to seek an order for arrears only.
The ruling
The Tenant shall pay to the Landlord $20,171.79, which includes rent arrears owing up to January 31, 2023 and the cost of the application. If the Tenant does not pay the full amount by March 18, 2023, the Tenant will start to owe interest at 5.00% annually on the outstanding balance.