Starlight Blackstar Opco Ltd. v Da costa

Landlord wins · Toronto · 2022-10-25

Adjudicator

Sandra Macchione

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

Starlight Blackstar Opco Ltd.

Tenant

F.D.S., B.D.C.

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 were still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenants pay $35,894 by October 31, 2022 or $37,428.27 by November 5, 2022 to void the order. If the Tenants do not void the order, they must pay $33,632.76 to the Landlord and vacate the unit by November 5, 2022. The Tenants will also owe daily compensation of $50.44 from October 18, 2022 until they vacate.