Metcap Living Management Inc v Justason

Landlord wins · Scarborough · 2023-02-27

Adjudicator

Maria Shaw

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Metcap Living Management Inc

Tenant

M.J., S.P.

Landlord rep

Michelle Forrester

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 still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $2,798.84 by March 31, 2023 or $3,879.70 by April 14, 2023 to void the order and continue the tenancy. If the Tenant does not pay, they must move out by April 14, 2023. The Landlord owes the Tenant $899.18 for the rent deposit and interest, but can deduct $35.54 per day for compensation starting January 19, 2023 until the Tenant moves out.