Evictly

Toronto Community Housing Corp v Smallwood

Landlord wins · Toronto · 2020-11-20

Adjudicator
Alex Brkic
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$10-20K
Landlord
Toronto Community Housing Corp
Tenant
J.J.M.S.
Landlord rep
Natassha Johnson

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 had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective December 1, 2020. The Tenant must pay the Landlord $15,258.20, which includes rent arrears up to November 20, 2020 and the cost of filing the application, less the $23,204.00 the Tenant paid after the application was filed. The Tenant must also pay $35.41 per day for compensation for the use of the unit starting November 21, 2020 until the Tenant moves out. If the Tenant does not pay the full amount by December 1, 2020, the Tenant will start to owe interest and the Landlord can file the order with the Court Enforcement Office for enforcement.