Bernada Properties v Evans

Landlord wins · Toronto · 2023-03-27

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Bernada Properties

Tenant

J.W., L.C.E.

Landlord rep

M. Zarnett

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 at the time of the hearing.

The ruling

The tenancy is terminated unless the Tenant pays the outstanding rent arrears of $20,698 by March 31, 2023 or $22,596.40 by April 30, 2023. If the Tenant does not void the order, the Tenant must pay the Landlord $17,844.35 and vacate the unit by April 30, 2023. The Tenant will also owe daily compensation of $62.41 for each day of occupation starting March 16, 2023.