C MOTION REALTY INC v Lubimiv

Landlord wins · Richmond Hill · 2024-05-10

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

C MOTION REALTY INC

Tenant

A.L.P.L.

Landlord rep

Rachel Bangura

What happened

Landlord applied for an order to terminate the tenancy and evict the 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 was still in possession of the rental unit on the hearing date.

The ruling

Unless the Tenant voids the order by paying $24,801.07 on or before May 21, 2024, the tenancy will be terminated. If the Tenant does not void the order, the Tenant must pay the Landlord $16,879.12, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay the Landlord $115.07 per day for use of the unit starting April 24, 2024 until the Tenant moves out.