Roehampton Apartments Ltd Partnership v Nelson and Betsch

Landlord wins · Toronto · 2021-07-30

Adjudicator

Debbie Mosaheb

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Roehampton Apartments Ltd Partnership

Tenant

L.N., M.B.

Landlord rep

Jane Ferguson

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 vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective August 10, 2021. The Tenants must move out of the rental unit on or before August 10, 2021. The Landlord owes the Tenants $82.82 from the rent deposit and interest. The Landlord is authorized to offset $40.64 per day for compensation for the use of the unit starting July 31, 2021 to the date the Tenants move out, and $186.00 for the cost of filing the application. If the Tenants wish to void the order and continue the tenancy, they must pay $1,422.25 on or before July 31, 2021, or $2,658.50 on or before August 10, 2021.