IMH Pool XV LP v Whiteway

Landlord wins · North York · 2022-02-11

Adjudicator

Richard Ferriss

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

IMH Pool XV LP

Tenant

D.W.

Landlord rep

Sean Beard

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 order is limited to costs only and does not include eviction. The tenant is ordered to pay the landlord $167.20, which represents the balance of the landlord's cost of filing the application and the NSF cheque charges. If the tenant does not pay the full amount by February 22, 2022, they will start owing interest at 2% annually on the outstanding balance.