Wong and Lim v Otis

Landlord wins · North York · 2021-01-08

Adjudicator

Dawn Sullivan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

J.W., F.L.

Tenant

H.O.

Landlord rep

Fung Lim

What happened

Landlords 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 vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective January 19, 2021. The Tenant must pay the Landlords $8,095.54, 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 Tenant must also pay $28.93 per day for compensation for the use of the unit starting January 9, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by January 19, 2021, the Tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by January 19, 2021, the Landlords may file the order with the Sheriff for enforcement.