Villa Otthon (Lambton) v Khymych

Landlord wins · York · 2021-07-14

Adjudicator

Stephanie Kepman

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

V.O.L.

Tenant

O.K.

Landlord rep

L. Corsetti

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 July 25, 2021. The tenant must pay the landlord $535.39, which includes rent arrears up to July 14, 2021, less the rent deposit and interest owed on the deposit. The tenant must also pay $40.96 per day for compensation for use of the unit starting July 15, 2021 until the tenant moves out, and $186 for the application filing fee. If the tenant does not pay the full amount by July 25, 2021, the tenant will owe interest on the outstanding balance starting July 26, 2021. If the unit is not vacated by July 25, 2021, the landlord can file the order with the Sheriff to enforce the eviction.