Amstar Pool I LP v Smith and Bennett

Landlord wins · Toronto · 2021-06-14

Adjudicator

Sonia Anwar-Ali

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Amstar Pool I LP

Tenant

C.S., V.B.

Landlord rep

Cathy Yang

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 in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective June 25, 2021. The Tenants must pay the Landlord $15,594.79, which represents the rent arrears and application filing costs, less the rent deposit. The Tenants must also pay $38.42 per day for compensation for use of the unit from June 15, 2021 until they move out. If the Tenants do not pay the full amount by June 25, 2021, they will owe interest and the Landlord can file the order with the Sheriff to enforce the eviction.