Riocan Real Estate Investments Partnership Ten LP v Samad

Landlord wins · Toronto · 2021-11-22

Adjudicator

Ian Speers

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

Riocan Real Estate Investments Partnership Ten LP

Tenant

S.S.

Landlord rep

Bryan Rubin

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 ruling

The tenancy is terminated effective December 31, 2021. The Tenant must pay the Landlord $26,093.46, which includes rent arrears up to November 22, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay $73.08 per day for compensation for the use of the unit starting November 23, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by December 31, 2021, the Tenant will start to owe interest at 2.00% annually on the outstanding balance.