Austring-Wilson v Cross and Mercer

Landlord wins · Trenton · 2020-09-03

Adjudicator

Lorraine Mathers

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

L.A.

Tenant

S.C., T.M.

Landlord rep

Paula Stevens

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 tenants had vacated the rental unit on August 1, 2020, prior to the hearing date.

The ruling

The tenancy is terminated as of August 1, 2020, the date the Tenants gave vacant possession of the rental unit to the Landlord. The Tenants shall pay to the Landlord $6,780.61, which represents the amount of rent owing and compensation up to August 1, 2020, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants shall also pay to the Landlord $175.00 for the cost of filing the application. If the Tenants do not pay the Landlord the full amount owing on or before September 14, 2020, the Tenants will start to owe interest at 2.00% annually on the balance outstanding.