Mallory Co-ownership Re-Development Inc v Singh

Landlord wins · Toronto · 2023-02-09

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Mallory Co-ownership Re-Development Inc

Tenant

S.C., D.S.

Landlord rep

Victoria Orlandi

What happened

Landlord 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 were still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated effective February 28, 2023 unless the Tenants pay $3,279.20 to void the order and continue the tenancy. If the Tenants do not make the required payment, they must vacate the unit by February 28, 2023. The Landlord is entitled to deduct $59.06 per day for compensation for the Tenants' continued occupation of the unit after February 2, 2023.