Macdonald v Nikolakakos

Landlord wins · Toronto · 2021-10-15

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

A.M.

Tenant

A.N.

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 tenant had not vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective November 9, 2021. The tenant must pay the landlord $4,827.54, which includes rent arrears up to October 15, 2021 and the application filing fee, less the rent deposit and interest owed on the deposit. The tenant must also pay $69.04 per day for compensation for use of the unit from October 16, 2021 until the tenant moves out. If the full amount is not paid by November 9, 2021, the landlord may file the order for enforcement of the eviction.