IMH Pool XV LP v Kaltenecker Catoushka

Landlord wins · Toronto · 2021-08-11

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

IMH Pool XV LP

Tenant

K.C.

Landlord rep

Joanna Aloy

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 31, 2021. The Tenant must pay the Landlord $2,819.67, which represents the rent arrears and application filing costs, less the rent deposit and interest owed on the deposit. The Tenant must also pay $36.70 per day for compensation for use of the unit from August 12, 2021 until the Tenant moves out. If the Tenant pays $4,732.66 on or before August 31, 2021, the eviction order will be void and the tenancy will continue.