Timbercreek Asset Management Inc. v Udogwu

Landlord wins · Toronto · 2021-05-03

Adjudicator

Arnab Quadry

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Timbercreek Asset Management Inc.

Tenant

R.G.U.

Landlord rep

W. Chandrasekera

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 ruling

The tenancy is terminated effective May 19, 2021. The Tenant must pay the Landlord $956.87, 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 $29.94 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 19, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. If the Tenant pays $2,808.42 to the Landlord or to the Board in trust by May 19, 2021, the order for eviction will be void and the Tenant can remain in the unit.