Kumarasamy v Durbala

Landlord wins · Scarborough · 2021-09-15

Adjudicator

Harry Cho

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

S.K., M.S.

Tenant

I.D., M.S.

Landlord rep

Senthilmanoharan Kumarasamy

What happened

Landlords 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 paid the total rent owed from January 27, 2021 to August 26, 2021.

The ruling

The tenancy is terminated effective September 26, 2021. The Tenants must pay the Landlords $14,885.38, plus $85.48 per day starting September 16, 2021, which includes rent arrears, NSF cheque charges, and compensation for the Tenants' continued occupation of the unit, less the rent deposit and interest owed on the deposit. If the Tenants do not pay the full amount by September 26, 2021, the Landlords may file the order with the Sheriff to enforce the eviction.