Ata Allah VDM2 Ltd. v Frocking

Landlord wins · Lindsay · 2021-11-19

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Ata Allah VDM2 Ltd.

Tenant

T.F.

Landlord rep

Cindy Coulter

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 November 30, 2021. The Tenant must pay the Landlord $8,256.49, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $36.16 per day for compensation for use of the unit starting November 20, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by November 30, 2021, the Tenant will start owing interest. If the unit is not vacated by November 30, 2021, the Landlord may file the order with the Court Enforcement Office for eviction. The Tenant can void the eviction order by paying $9,936.00 on or before November 30, 2021.