Axon Property Management v Wheeler-Bienias

Landlord wins · Kingston · 2021-03-23

Adjudicator

Cyndee Todgham Cherniak

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Axon Property Management

Tenant

M.W.

Landlord rep

Susan Priest

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 not communicated with the landlord since October 2020 and indicated she would be vacating the unit on April 1, 2021.

The ruling

The tenancy is terminated effective April 3, 2021. The tenant must pay the landlord $6,985.35, which includes rent arrears, compensation, and the application fee, less the rent deposit and interest. If the tenant does not pay the full amount by April 3, 2021, the landlord may file the order with the Sheriff to enforce the eviction.