Atyeo v Smith
Landlord wins · Jackson's Point · 2021-04-12
- Adjudicator
- Shannon Kiekens
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- F.A.
- Tenant
- N.S.
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 tenant had vacated the rental unit prior to the hearing date.
The ruling
The tenancy is terminated effective April 23, 2021. The Tenant must pay the Landlord $28,557.63, which includes rent arrears up to April 12, 2021 and the cost of filing the application. The Tenant must also pay $46.03 per day for compensation for use of the unit starting April 13, 2021 until the Tenant moves out. If the Tenant pays $28,175.00 on or before April 23, 2021, the eviction order will be void and the Tenant can remain in the unit.