Evictly

MCM Fund II (39 Niagara) Multi-residential Inc. v Turley

Landlord wins · Toronto · 2021-08-20

Adjudicator
John Mazzilli
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
>$20K
Landlord
MCM Fund II (39 Niagara) Multi-residential Inc.
Tenant
B.T.
Landlord rep
Isabelle McNelly

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

The ruling

The tenancy is terminated effective August 31, 2021. The Tenant must pay the Landlord $24,721.04, which includes rent arrears up to August 20, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $79.69 per day for compensation for use of the unit starting August 21, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by August 31, 2021, the Tenant will owe interest starting September 1, 2021. If the unit is not vacated by August 31, 2021, the Landlord may file the order with the Sheriff for enforcement.