Danbar Property Holdings II LP v Zapata

Landlord wins · Toronto · 2024-02-02

Adjudicator

Kate Sinipostolova

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Danbar Property Holdings II LP

Tenant

M.Z.

Landlord rep

Sharon Harris

What happened

Landlord 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 was still in possession of the rental unit on the hearing date.

The ruling

Unless the Tenant voids the order by paying $4,442.42 on or before February 29, 2024, the tenancy will be terminated. The Landlord is authorized to deduct $60.80 per day for compensation for the Tenant's continued occupation of the unit starting January 17, 2024 until the Tenant moves out.