Cook v Masgar Investment

Landlord wins · Toronto · 2020-09-11

Adjudicator

Dale Whitmore

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

M.I.

Tenant

A.C., J.C.

Landlord rep

Mario Ruggiero

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 had not paid the total rent they were required to pay for the period from January 1, 2020 to September 30, 2020.

The ruling

The tenancy is terminated effective September 22, 2020. The Tenants must pay the Landlord $8,133.82, which represents the amount of rent owing and compensation up to September 11, 2020, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay the Landlord $41.84 per day for compensation for the use of the unit starting September 12, 2020 to the date the Tenants move out of the unit, and $190.00 for the cost of filing the application. If the Tenants do not pay the full amount owing on or before September 22, 2020, they will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated on or before September 22, 2020, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.