Minto Apartment Limited Partnership v Herszkowicz

Landlord wins · Toronto · 2021-10-01

Adjudicator

Kathleen Wells

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Minto Apartment Limited Partnership

Tenant

J.H.

Landlord rep

Faith McGregor

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 vacated the rental unit on August 31, 2021, prior to the hearing date.

The ruling

The tenancy was terminated effective October 12, 2021, the date the tenant must move out. The tenant is ordered to pay $3,851.12 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit. The tenant must also pay $61.78 per day for compensation for the use of the unit starting October 2, 2021 until the date the tenant moves out.