Elder Gardens Apartments v Smalling

Landlord wins · Mississauga · 2021-08-09

Adjudicator

Shelby Whittick

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Elder Gardens Apartments

Tenant

K.S.

Landlord rep

David Ciobotaru

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 ruling

The tenancy is terminated effective August 20, 2021. The Tenant must pay the Landlord $10,299.03, which includes rent arrears, compensation, and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $41.15 per day for compensation for use of the unit starting August 10, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by August 20, 2021, the Tenant will owe interest. If the unit is not vacated by August 20, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement.