IMH POOL IX-B LP v Nazary

Landlord wins · Toronto · 2021-07-26

Adjudicator

Dawn Wickett

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

IMH POOL IX-B LP

Tenant

F.N.

Landlord rep

Colette Myers

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 had not vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective August 6, 2021 unless the Tenant voids the order by paying $2,816.00 on or before July 31, 2021 or $5,241.00 on or before August 6, 2021. If the unit is not vacated by August 6, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant may make a motion to set aside the order if they pay the required amount on or after August 7, 2021 but before the Sheriff gives vacant possession to the Landlord.