Schickedanz Brothers Properties v Mohamed
Landlord wins · Willowdale · 2021-05-03
- Adjudicator
- Arnab Quadry
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- Schickedanz Brothers Properties
- Tenant
- A.M.
- Landlord rep
- T. White
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 tenant had not vacated the rental unit as of the hearing date.
The ruling
The tenancy is terminated effective May 14, 2021. The Tenant must pay the Landlord $3,611.53, which represents the amount of rent owing and compensation up to May 3, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $58.13 per day for compensation for the use of the unit starting May 4, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by May 14, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by May 14, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. If the Tenant pays $5,807.69 to the Landlord or to the Board in trust on or before May 14, 2021, the eviction order will be void and the tenancy will continue.