Mallory Towers v Leclaire

Landlord wins · Toronto · 2021-01-13

Adjudicator

Khalid Akram

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

M.T.

Tenant

J.L.

Landlord rep

Ian Shamesh

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 January 24, 2021. The Tenant must pay the Landlord $8,678.72, which represents the amount of rent owing and compensation up to January 13, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $51.18 per day for compensation for the use of the unit starting January 14, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by January 24, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by January 24, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. If the Tenant pays $9,141.45 to the Landlord or to the Board in trust by January 24, 2021, the eviction order will be void and the Tenant can remain in the unit.