Tobias House Of Toronto v Berkowitz

Landlord wins · Toronto · 2021-08-25

Adjudicator

Nicola Mulima

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

T.H.O.T.

Tenant

J.B.

Landlord rep

K. Afolabi

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 tenant had passed away on July 17, 2021, prior to the hearing date.

The ruling

The tenancy is deemed terminated as of August 16, 2021, 30 days after the death of the Tenant. The Tenant shall pay the Landlord $6,509.31, which includes rent arrears and compensation up to August 16, 2021, less the last month's rent deposit and interest on the deposit.