IMH Pool V LP v Maraboli and Clarke

Landlord wins · Etobicoke · 2021-08-25

Adjudicator

Anthony Bruno

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

IMH Pool V LP

Tenant

D.M., M.C.

Landlord rep

K. Murrell

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 ruling

The tenancy is terminated effective September 5, 2021. The Tenants must pay the Landlord $1,744.10, which represents the amount of rent owing and compensation up to August 25, 2021 and the total charges related to the NSF cheques, less the rent deposit. The Tenants must also pay $62.16 per day for compensation for the use of the unit starting August 26, 2021 to the date the Tenants move out of the unit, and $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by September 5, 2021, they will start to owe interest at 2.00% annually on the balance outstanding.