First Elnor Holdings Limited v Ihnat

Landlord wins · Toronto · 2021-02-03

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

First Elnor Holdings Limited

Tenant

P.I.

Landlord rep

Frankie Dash

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 February 14, 2021. The Tenant must pay the Landlord $3,888.35 (less any payment made after December 2, 2020), which includes rent arrears, NSF cheque charges, and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay the Landlord $63.42 per day for compensation for use of the unit starting February 4, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by February 14, 2021, the Tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by February 14, 2021, the Landlord may file the order with the Sheriff for enforcement.