AMSTAR Pool I LP v Muswah

Landlord wins · Toronto · 2022-07-20

Adjudicator

Emily Robb

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

AMSTAR Pool I LP

Tenant

R.M.

Landlord rep

S. Harris

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 will be terminated on July 31, 2022 unless the Tenant pays $11,518.20 to void the order and continue the tenancy. If the Tenant does not pay the full amount, the tenancy will be terminated and the Tenant must pay $8,536.75 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.