Starlight Blackstar Opco 2 Ulc v Hoyos

Landlord wins · Toronto · 2021-01-04

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.B.O.U.

Tenant

D.H., M.H.

Landlord rep

Curtis Begg

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 had not vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective January 15, 2021. The Tenants must pay the Landlord $3,154.83, which represents the rent arrears and compensation up to January 4, 2021, less the rent deposit and interest owed on the deposit. The Tenants must also pay $45.65 per day for compensation for use of the unit starting January 5, 2021 until they move out, and $175 for the application filing fee. If the Tenants do not pay the full amount by January 15, 2021, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by January 15, 2021, the Landlord may file the order with the Sheriff for enforcement. The Tenants can void the eviction order by paying $4,520.17 on or before January 15, 2021.