Amstar Pool I LP v Botelho

Landlord wins · Brampton · 2021-08-23

Adjudicator

Douglas Wilkins

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Amstar Pool I LP

Tenant

L.B., T.B.

Landlord rep

Curtis Begg

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 not present at the hearing.

The ruling

The tenancy is terminated effective September 3, 2021. The Tenants must pay the Landlord $3,457.57, which includes rent arrears up to August 23, 2021 and charges related to an NSF cheque, less the rent deposit. The Tenants must also pay $37.94 per day for compensation for the use of the unit starting August 24, 2021 until they move out, and $186 for the cost of filing the application. If the Tenants do not pay the full amount owing by September 3, 2021, they will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by September 3, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement.