Mainstay Housing v Chabot

Landlord wins · Toronto · 2021-11-25

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

M.H.

Tenant

G.C.

Landlord rep

Ben Kershaw

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 December 6, 2021. The tenant must pay the landlord $2,434.36, which represents the rent arrears and compensation up to November 25, 2021, plus $4.57 per day for compensation for use of the unit starting November 26, 2021 until the tenant moves out. The tenant must also pay the landlord $186.00 for the cost of filing the application. If the tenant does not pay the full amount owing by December 6, 2021, the tenant will start to owe interest at 2.00% annually on the outstanding balance. If the unit is not vacated by December 6, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The tenant can void the order and continue the tenancy by paying $2,639.00 on or before November 30, 2021, or $2,778.00 on or before December 6, 2021.