Anoumedem v McPherson

Landlord wins · St. Catharines · 2021-04-06

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

C.A.

Tenant

C.M., S.M.

Landlord rep

Joseph Tonnos

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 tenant Carolyn McPherson had vacated the rental unit prior to the hearing date, but Shelly McPherson was still residing there.

The ruling

The tenancy is terminated effective April 17, 2021. The Tenants must pay the Landlord $6,102.34, which includes rent arrears up to March 31, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenants are also entitled to a 50% rent abatement for 8 months due to the Landlord's failure to address the harassment from the downstairs tenant. If the Tenants pay $9,144.00 on or before April 17, 2021, the eviction order will be void and the tenancy will continue.