Weston Property Management v Ashton

Landlord wins · Toronto · 2021-11-23

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Weston Property Management

Tenant

S.A.

Landlord rep

Allistair Trent

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 December 4, 2021. The Tenant must pay the Landlord $192.85, which includes rent arrears up to November 23, 2021, less the rent deposit and interest on the deposit. The Tenant must also pay $51.10 per day for compensation for use of the unit starting November 24, 2021 until the Tenant moves out, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by December 4, 2021, the Tenant will start to owe interest. If the unit is not vacated by December 4, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant can void the order and continue the tenancy by paying $2,265.96 by November 30, 2021 or $3,820.24 by December 4, 2021.