Xie v Atkins

Landlord wins · Scarborough · 2020-12-30

Adjudicator

Harry Cho

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

M.X.

Tenant

L.L.R.A., T.S.K.

Landlord rep

Y. Li

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 prior to the hearing date.

The ruling

The tenancy is terminated effective January 10, 2021. The Tenants must pay the Landlord $21,307.46, which includes rent arrears up to December 30, 2020 and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenants must also pay $82.19 per day for compensation for use of the unit starting December 31, 2020 until they move out. If the full amount is not paid by January 10, 2021, the Tenants will owe interest and the Landlord can file the order with the Sheriff to enforce the eviction.