35-39 Brookwell Drive Limited v Gaete

Landlord wins · Toronto · 2024-02-07

Adjudicator

Justin Leung

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

35-39 Brookwell Drive Limited

Tenant

C.G., R.G., P.G.

Landlord rep

Samuel Korman

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.

The ruling

Unless the Tenants void the order, the tenancy is terminated effective February 29, 2024. The Tenants may void the order and continue the tenancy by paying $2,883.98 to the Landlord or LTB by February 29, 2024. If the Tenants do not pay the required amount, they must move out by February 29, 2024. The Landlord is authorized to deduct $52.38 per day for compensation for the Tenants' continued occupation of the unit starting January 4, 2024.