AMSTAR POOL I LP v Francis

Landlord wins · Toronto · 2023-12-05

Adjudicator

Kelly Delaney

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

AMSTAR POOL I LP

Tenant

C.O.F., H.N.

Landlord rep

Sofia Enriquez

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 were still in possession of the rental unit at the time of the hearing.

The ruling

The tenancy will be terminated on January 31, 2024 unless the tenant pays $16,031.33 by December 31, 2023 or $17,475.38 by January 31, 2024 to void the order. If the tenant does not void the order, they must pay $14,214.12 to the landlord and vacate the unit by January 31, 2024. The tenant will also owe daily compensation of $47.48 for continued occupation after November 23, 2023.