IMH Pool XX LP v Topia

Landlord wins · East York · 2021-12-17

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

IMH Pool XX LP

Tenant

A.T., T.S.Y.

Landlord rep

Matt Anderson

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 tenants had not vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective December 28, 2021. The Tenants must pay the Landlord $5,255.89, which includes rent arrears, compensation, and NSF cheque charges, less the rent deposit and interest owed on the deposit. The Tenants must also pay $37.42 per day for compensation for use of the unit starting December 18, 2021 until they move out. If the full amount is not paid by December 28, 2021, the Tenants will owe interest and the Landlord can file the order for enforcement of the eviction.