IMH Pool XV LP v Dvoretski

Landlord wins · Toronto · 2021-02-08

Adjudicator

Dawn Wickett

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

IMH Pool XV LP

Tenant

K.D.

Landlord rep

Fabio Quattrociocchi

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 was present during the initial attendance but was not present when the matter was called at 4:00 pm.

The ruling

The tenancy is terminated effective February 28, 2021. The Tenant must pay $1,651.36 to the Landlord, which includes rent arrears up to February 8, 2021 and the application filing fee, minus the rent deposit and interest. The Tenant must also pay $49.40 per day in compensation starting February 9, 2021 until the unit is vacated. If the Tenant pays $3,046.34 on or before February 28, 2021, the eviction order will be void and the tenancy will continue.