IMH Pool XX LP v Badger and Freeman

Landlord wins · Oshawa · 2021-08-25

Adjudicator

Renee Lang

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

IMH Pool XX LP

Tenant

A.B., D.F.

Landlord rep

C. Begg

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 were in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective September 5, 2021. The Tenants must pay the Landlord $10,831.30, which represents the rent arrears and compensation up to August 25, 2021, less the rent deposit and interest owed on the deposit. The Tenants must also pay $60.16 per day for compensation for the use of the unit starting August 26, 2021 until they move out, and $186.00 for the cost of filing the application. If the Tenants do not pay the full amount by September 5, 2021, they will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by September 5, 2021, the Landlord can file the order with the Sheriff to enforce the eviction.