IMH Pool XX v Mehelay

Landlord wins · Toronto · 2021-10-11

Adjudicator

Poeme Manigat

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

I.P.X.

Tenant

M.M., S.S.

Landlord rep

Michelle Forrester

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 October 22, 2021. The Tenants must pay the Landlord $2,370.65, which includes rent arrears up to October 11, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $46.33 per day for compensation for use of the unit starting October 12, 2021 until they move out. If the Tenants do not pay the full amount by October 22, 2021, the Landlord may file the order with the Sheriff to enforce the eviction. If the Tenants pay $4,822.72 by October 22, 2021, the eviction order will be void and the tenancy will continue.