Q Res IV Operating GP Inc. v Vannicola and Smith

Landlord wins · Toronto · 2022-01-10

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Q Res Iv Operating Gp Inc.

Tenant

R.S., K.V.

Landlord rep

Bryan Rubin

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 had not paid rent from May 1, 2021 to December 31, 2021.

The ruling

The tenancy is terminated effective January 21, 2022, unless the Tenants pay the full amount owing of $15,843.40 on or before that date. If the Tenants do not pay the full amount, they must move out by January 21, 2022, and the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenants are ordered to pay $12,454.10 to the Landlord, which includes rent arrears and application costs, less the rent deposit and interest owed on the deposit. The Tenants must also pay $64.13 per day for compensation for use of the unit starting January 11, 2022 until they move out.