Imh Pool Xvii Lp v Walters

Landlord wins · Scarborough · 2022-02-23

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Imh Pool Xvii Lp, Metcap Living Management Inc

Tenant

R.W.

Landlord rep

Joanna Aloy

What happened

Landlords 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 still in possession of the rental unit at the time of the hearing.

The ruling

The tenancy is terminated effective March 6, 2022. The Tenant must pay the Landlords $14,239.97, which represents the rent arrears and compensation up to February 23, 2022, less the rent deposit and interest owed on the deposit. The Tenant must also pay $46.12 per day for compensation for use of the unit starting February 24, 2022 until the Tenant moves out. The Tenant must also pay $186 for the cost of filing the application. If the Tenant does not pay the full amount by March 6, 2022, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by March 6, 2022, the Landlords may file the order with the Court Enforcement Office for enforcement.