Rosslyn Arms Apartments v Dela cruz

Landlord wins · Oshawa · 2023-02-28

Adjudicator

Jagger Benham

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Rosslyn Arms Apartments

Tenant

B.F., E.D.C.

Landlord rep

Kathryn Bucan

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 were still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenants pay $2,361 by February 28, 2023 or $4,036 by March 11, 2023 to void the order. If the Tenants do not make the required payment, they must vacate the unit by March 11, 2023. The Landlord is entitled to deduct $55.07 per day for compensation for the Tenants' continued occupation of the unit starting February 14, 2023.