117 Whitburn Holdings Ltd. v Thompson

Landlord wins · Toronto · 2022-02-18

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

117 Whitburn Holdings Ltd.

Tenant

N.A.T.

Landlord rep

Alethia Hall

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 had not vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective March 31, 2022. The Tenant must move out by this date. The Landlord owes the Tenant $575.64 from the rent deposit and interest, but the Landlord can offset $35.30 per day for compensation starting February 19, 2022 and $186 for the application fee. The Tenant can void the order by paying $1,075.58 by February 28, 2022 or $2,149.18 by March 31, 2022.