BPMC v HSD and CD

Landlord wins · 2017-09-08

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

B.

Tenant

H., C.

Landlord rep

AM

Tenant rep

JD

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 were in long-term care facilities and unlikely to return to the rental unit.

The ruling

The tenancy was terminated effective September 30, 2017. The tenants were ordered to pay $1,656.41 to the landlord, which includes rent arrears up to the order date and NSF cheque charges, less the rent deposit and interest on the deposit. The tenants were also ordered to pay $42.90 per day for compensation for use of the unit starting September 9, 2017 until they move out. If the tenants pay $4,129.76 on or before September 30, 2017, the eviction order will be void and the tenancy will continue.