260 Wellesley Residences v Alcantara

Landlord wins · Toronto · 2023-01-16

Adjudicator

Fabio Quattrociocchi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

260 Wellesley Residences

Tenant

J.A., R.R.

Landlord rep

Charlie Bobrowsky

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. The Tenants were not present at the hearing despite being served with notice.

The ruling

The tenancy is terminated unless the Tenants void the order by paying $973.78 by January 27, 2023. If not paid, Tenants must move out by January 27, 2023. The Landlord owes the Tenants $1,720.89 after deducting arrears and costs from the rent deposit and interest, but can deduct $48.04 per day for use of the unit from January 6, 2023 until the Tenants move out.