Morguard Nar Canada Limited Partnership v Marcial and Pena-Sotelo

Landlord wins · Toronto · 2020-08-04

Adjudicator

Shelby Whittick

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

$5-10K

Landlord

Morguard Nar Canada Limited Partnership

Tenant

A.M., E.P.

Landlord rep

Isabelle McNelly

What happened

The landlord applied for an order to terminate the tenancy and evict the tenants because they have been persistently late in paying their rent. The landlord also claimed compensation for each day the tenants remained in the unit after the termination date.

The ruling

The tenancy is terminated, and the tenants must move out by August 15, 2020. The tenants shall pay the landlord $8,494.30, which represents compensation for the use of the unit from December 1, 2019 to August 4, 2020, less the rent deposit and interest the landlord owes on the rent deposit. The tenants shall also pay the landlord $39.13 per day for compensation for the use of the unit from August 5, 2020 to the date they move out, and $175.00 for the cost of filing the application. If the tenants do not pay the full amount by August 15, 2020, they will start to owe interest at 2.00% annually on the outstanding balance.