Larocca v Smith

Landlord wins · Mississauga · 2021-02-23

Adjudicator

Alex Brkic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

P.L., C.L.

Tenant

J.S., J.S.

Landlord rep

Yasmin Van Maurik

Tenant rep

Tenant Duty Counsel

What happened

Landlords 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 not vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective March 6, 2021. The Tenants must pay $22,930.60 to the Landlords, which includes rent arrears up to February 23, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenants must also pay $54.25 per day for compensation for use of the unit starting February 24, 2021 until they move out. If the Tenants pay $24,925 by February 28, 2021 or $26,575 by March 6, 2021, they can void the eviction order and continue the tenancy.