Royalwood Developments v Abramova

Landlord wins · Toronto · 2023-02-13

Adjudicator

Bryan Delorenzi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Royalwood Developments

Tenant

A.A., A.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 parties agreed on the amount of arrears owing and the tenancy would terminate January 9, 2023, but due to an administrative error the order was not issued prior to that date.

The ruling

The tenancy will terminate on February 24, 2023 unless the Tenants pay $2,395.19 to void the order. If the unit is not vacated by February 24, 2023, the Landlord may file the order with the Court Enforcement Office for enforcement starting February 25, 2023. The Landlord owes the Tenants $755.02 due to the rent deposit and interest exceeding the arrears and application fee, but the Landlord may deduct $36.53 per day for compensation for the Tenants' use of the unit starting January 6, 2023 until they move out.