332573 Ontario Limited v Davidson

Landlord wins · St Catharines · 2021-05-04

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

332573 Ontario Limited

Tenant

A.D.

Landlord rep

David Rubin

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 ruling

The tenancy is terminated effective May 31, 2021. The Tenant must pay the Landlord $12,183.09, which represents the rent arrears and compensation up to May 4, 2021, less the rent deposit and interest owed on the deposit. The Tenant must also pay $35.05 per day for compensation for the use of the unit starting May 5, 2021 until the Tenant moves out. The Tenant must also pay the Landlord $186.00 for the cost of filing the application. If the Tenant does not pay the full amount by May 31, 2021, the Tenant will start to owe interest at 2.00% annually on the outstanding balance. If the unit is not vacated by May 31, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. If the Tenant pays $14,401.00 on or before May 31, 2021, the eviction order will be void and the Tenant can remain in the unit.