25303065 Ontario Limited v Mieske
Landlord wins · Keswick · 2020-08-27
- Adjudicator
- Kevin Lundy
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- 25303065 Ontario Limited, D.M.
- Tenant
- D.A.M., J.D.M.
- Landlord rep
- David Cibotaru
What happened
Landlords 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 in possession of the rental unit on the application date.
The ruling
The tenancy is terminated effective September 7, 2020. The Tenants must pay the Landlords $19,959.04, which represents the amount of rent owing and compensation up to August 27, 2020 and the total charges related to NSF cheques, less the rent deposit and interest the Landlords owe on the rent deposit. The Tenants must also pay the Landlords $55.89 per day for compensation for the use of the unit starting August 28, 2020 to the date they 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 September 7, 2020, they will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by September 7, 2020, the Landlords may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.