IMH Pool XII LP v Teslyuk

Landlord wins · Toronto · 2021-08-30

Adjudicator

Alex Brkic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

IMH Pool XII LP

Tenant

L.T.

Landlord rep

Bryan Rubin

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 had not vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective September 10, 2021. The Tenant must move out of the rental unit on or before September 10, 2021. The Landlord owes the Tenant $2,049.17 from the rent deposit and interest, but the Landlord is authorized to offset $49.76 per day for compensation for the use of the unit starting August 31, 2021 to the date the Tenant moves out, and $186.00 for the cost of filing the application. The Tenant can void the order and continue the tenancy by paying $3,188.47 on or before August 31, 2021, or $4,701.93 on or before September 10, 2021.