Wj Properties v Ottley and Lyte-grant

Landlord wins · Toronto · 2021-02-24

Adjudicator

Robert Patchett

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Wj Properties

Tenant

D.O., N.L.

Landlord rep

David Rubin

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants had vacated the rental unit on November 30, 2021, prior to the hearing date.

The ruling

The tenancy was terminated effective April 30, 2020, the date the tenants vacated the rental unit. The tenants are ordered to pay $3,434.07 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit. The tenants must also pay $42.69 per day for compensation for use of the unit from May 1, 2020 until they move out.