Shah v Common

Landlord wins · Scarborough · 2021-08-11

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

A.S.

Tenant

C.G.C.

Landlord rep

Helen Fernandes

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 of Termination, which the Tenant did not void by paying the arrears. The Tenant was in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective August 22, 2021. The Tenant must pay the Landlord $33,865.54, which represents the rent arrears and compensation up to August 11, 2021, plus $186.00 for the application filing fee. The Tenant must also pay $67.40 per day for compensation for the use of the unit starting August 12, 2021 until the Tenant moves out. If the Tenant pays $35,000.00 on or before August 22, 2021, the eviction order will be void and the tenancy will continue.