839 Roselawn Avenue Apts. v Baranyi Erzsebet

Landlord wins · Toronto · 2021-05-03

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

R.A.A.

Tenant

B.E.

Landlord rep

Samuel M. Korman

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 ruling

The tenancy is terminated effective May 31, 2021. The Tenant must pay the Landlord $339.63, which represents the amount of rent owing and compensation up to May 31, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $41.52 per day for compensation for the use of the unit starting June 1, 2021 to the date the Tenant moves out, and $201.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by May 31, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by May 31, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. However, as of the date this matter was heard, the Sheriff cannot enforce this order due to Ontario Regulation 266/21.