Evictly

IMH POOL VIII LP v Kamara

Landlord wins · Toronto · 2022-08-03

Adjudicator
John Cashmore
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$10-20K
Landlord
IMH POOL VIII LP
Tenant
P.M., M.K.
Landlord rep
Mark Ciobotaru
Tenant rep
Pono Mosenyegi

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated effective August 31, 2022 unless the Tenants pay $22,047.56 to void the order and continue the tenancy. If the tenancy is terminated, the Tenants must pay $16,291.34 to the Landlord, which includes rent arrears and the application filing fee, minus the rent deposit and interest. The Tenants must also pay daily compensation of $78.52 for each day of occupation starting July 19, 2022 until they vacate the unit.