Lu and Dao v Valenzuela

Landlord wins · North York · 2021-10-15

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

T.L., M.D.

Tenant

A.V.

Landlord rep

M. Dao

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 had not vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective October 26, 2021. The Tenant must pay the Landlords $2,751.05, which represents the rent arrears and compensation up to October 15, 2021, less the rent deposit. The Tenant must also pay $19.73 per day for compensation for the use of the unit starting October 16, 2021 until the Tenant moves out, as well as $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by October 26, 2021, the Tenant will start to owe interest at 2.00% annually on the outstanding balance. If the unit is not vacated by October 26, 2021, the Landlords may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.