Abellan v Myers

Landlord wins · Ottawa · 2020-11-19

Adjudicator

Dawn Wickett

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

A.A.

Tenant

J.M., M.P.

Landlord rep

Allan Kouri

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 ruling

The tenancy is terminated effective November 30, 2020. The Tenants must pay the Landlord $7,404.78, which includes rent arrears up to November 19, 2020 and the cost of filing the application, minus the $6,000 the Tenants paid after the application was filed. The Tenants must also pay $39.45 per day for compensation for use of the unit starting November 20, 2020 until they move out. If the full amount is not paid by November 30, 2020, the Tenants will owe interest starting December 1, 2020. If the unit is not vacated by November 30, 2020, the Landlord can file the order with the Sheriff for enforcement.