Cho, Estate Trustee for the deceased Landlord, Sin Jung Cindy Cho v Motyczka

Landlord wins · Toronto · 2022-08-16

Adjudicator

Donna Adams

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

B.H.C.E.T.F.T.D.L.S.J.C.C.

Tenant

S.M.

Landlord rep

B. Lue Sang

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 is terminated effective August 31, 2022 unless the tenant pays $10,560.00 to void the order and continue the tenancy. If the tenancy is terminated, the tenant must pay $7,881.21 to the landlord, which includes rent arrears up to the hearing date and the application filing fee, minus the rent deposit and interest on the deposit. The tenant is also ordered to pay daily compensation of $26.24 for each day of occupation starting June 23, 2022 until the tenant vacates the unit.