Wharton v Johnston

Landlord wins · Toronto · 2020-08-07

Adjudicator

Renée Lang

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

P.W.

Tenant

C.J.

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 of Termination, which the Tenant did not void by paying the arrears. The Tenant was in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated effective August 18, 2020. The Tenant must pay the Landlord $3,925.85, which includes rent arrears up to March 31, 2020 less the rent deposit and interest owed on the deposit. The Tenant must also pay $64.27 per day for use of the unit from April 1, 2020 until move-out, and the $190.00 application filing fee. If the Tenant does not pay the full amount by August 18, 2020, interest will accrue at 2% annually on the outstanding balance.