Yuan Tai Shek and Yuan Fung Wilson Shek v Ancil Smith

Landlord wins · North York · 2021-08-16

Adjudicator

Alex Brkic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Y.T.S., Y.F.W.S.

Tenant

A.S.

Landlord rep

Yuan Tai Tyler Shek

What happened

Landlords applied to terminate the tenancy and evict Tenant due to non-payment of rent. Landlords served a valid N4 Notice, and Tenant did not void the notice by paying the arrears. Tenant had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective August 27, 2021, the date the Tenant must move out. The Tenant must pay $1,500.53 to the Landlords, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $24.66 per day for compensation for use of the unit starting August 17, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by August 27, 2021, the Tenant will owe interest on the outstanding balance.