Imh Pool Xvii Lp v Wray and Osei

Landlord wins · Scarborough · 2021-06-23

Adjudicator

Dale Whitmore

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Imh Pool Xvii Lp

Tenant

C.L.W., S.K.O.

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 vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective July 4, 2021. The tenants are ordered to pay $3,601.76 to the landlord, which includes rent arrears up to June 23, 2021 and the cost of filing the application, less the rent deposit. The tenants must also pay $49.08 per day in compensation for use of the unit from June 24, 2021 until they vacate. If the full amount is not paid by July 4, 2021, the tenants will owe simple interest at 2% annually on the outstanding balance.