Molella v Damassia
Landlord wins · Etobicoke · 2021-05-10
- Adjudicator
- Lynn Mitchell
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- M.M.
- Tenant
- A.D., C.W.
- Landlord rep
- A. Gravelle
- Tenant rep
- Tenant, on behalf of both Tenants
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 ruling
The tenancy is terminated effective May 21, 2021. The Tenants must pay the Landlord $35,000 (the maximum amount the Board can order), which represents the rent arrears and compensation up to May 10, 2021, less the rent deposit and interest owed on the deposit. The Tenants must also pay $75.62 per day for compensation for use of the unit starting May 11, 2021 until they move out, as well as $186 for the application filing fee. If the Tenants do not pay the full amount by May 21, 2021, they will owe interest at 2% annually on the outstanding balance, and the Landlord can file the order with the Sheriff to enforce the eviction.