Battiston v Rice and Legat

Landlord wins · Kitchener · 2020-08-04

Adjudicator

Laura Hartslief

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

L.B.

Tenant

M.R., V.L.

Landlord rep

Peter Schroeder

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 ruling

The tenancy is terminated effective August 15, 2020. The Tenants must pay the Landlord $1,714.06, which represents arrears of rent up to March 31, 2020 less the last month's rent deposit and interest on the deposit. The Tenants must also pay $62.30 per day for compensation for the use of the unit starting August 5, 2020 until they move out, and $175.00 for the cost of filing the application. If the Tenants do not pay the full amount by August 15, 2020, they will start owing interest at 2% annually on the outstanding balance.