IMH Pool VI-a LP v Wells and Messenger

Landlord wins · Toronto · 2022-01-19

Adjudicator

Richard Ferriss

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

IMH Pool VI-a LP

Tenant

A.W., R.M.

Landlord rep

Tricia Radam

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 vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective January 30, 2022. The Tenants must pay the Landlord $5,909.01, which includes rent arrears up to the termination date, compensation for use of the unit, and the application filing fee, less the rent deposit and interest owed on the deposit. If the Tenants do not pay the full amount by January 30, 2022, they will owe interest and the Landlord can file the order for enforcement of the eviction.