Maddox Sherbourne Inc. v Cobbs

Landlord wins · Toronto · 2023-07-19

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Maddox Sherbourne Inc.

Tenant

E.N.C.

Landlord rep

Gail Kukor Lang

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

The tenancy is terminated unless the Tenant pays $17,411 to void the order by July 30, 2023. If the Tenant does not void the order, the Tenant must pay $13,424.20 to the Landlord, 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 daily compensation of $70.68 for continued occupation of the unit after the hearing date.