IMH Pool X V Lp v Arca and Mendoza

Landlord wins · Toronto · 2020-08-04

Adjudicator

Shelby Whittick

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

IMH Pool X V Lp

Tenant

D.A., K.M.

Landlord rep

Joanna Aloy

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 August 15, 2020. The Tenants must pay the Landlord $6,060.77, which represents the amount of rent owing and compensation up to August 4, 2020, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay the Landlord $36.26 per day for compensation for the use of the unit starting August 5, 2020 to the date the Tenants move out of the unit. If the Tenants do not pay the full amount owing by August 15, 2020, they will start to owe interest at 2.00% annually on the balance outstanding.