IMH Pool XV LP v Kwok

Landlord wins · Toronto · 2021-09-01

Adjudicator

Anthony Bruno

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

IMH Pool XV LP

Tenant

A.K.M.K.

Landlord rep

Katrina Murrell

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 ruling

The tenancy is terminated effective September 12, 2021. The Tenant must pay the Landlord $4,958.71, which represents the amount of rent owing and compensation up to September 1, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $71.57 per day for compensation for the use of the unit starting September 2, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by September 12, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by September 12, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.