Toronto Community Housing Corp v De La Cruz

Landlord wins · Toronto · 2021-01-20

Adjudicator

Sonia Anwar-Ali

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Toronto Community Housing Corp

Tenant

B.D.L.C., K.P.

Landlord rep

Fatima Ferreira

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 had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective January 31, 2021. The Tenants must pay the Landlord $5,880.17, which represents the amount of rent owing and compensation up to January 20, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay the Landlord $49.59 per day for compensation for the use of the unit starting January 21, 2021 to the date the Tenants move out of the unit, and $175.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by January 31, 2021, they will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by January 31, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. If the Tenants pay $7,092.49 to the Landlord or to the Board in trust by January 31, 2021, the order for eviction will be void and the tenancy would not be terminated.