Evictly

Imh Pool Xx Lp v Sethuge

Landlord wins · London · 2020-12-18

Adjudicator
Nicola Mulima
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
<$5K
Landlord
Imh Pool Xx Lp
Tenant
A.S.
Landlord rep
Sharon Harris

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 tenancy is terminated effective December 29, 2020. The Tenant must pay the Landlord $2,260.54, which includes rent arrears up to December 18, 2020, less the rent deposit and interest owed on the deposit. The Tenant must also pay $36.62 per day for compensation for use of the unit starting December 19, 2020 until the Tenant moves out. The Tenant must also pay $175.00 for the cost of filing the application. If the Tenant does not pay the full amount by December 29, 2020, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by December 29, 2020, the Landlord can file the order with the Sheriff to enforce the eviction starting December 30, 2020. If the Tenant pays $3,992.00 by December 29, 2020, the eviction order will be void and the Tenant can remain in the unit.