Benizzi v Miller

Landlord wins · Stayner · 2021-07-12

Adjudicator

Elizabeth Usprich

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

J.B.

Tenant

J.M.

Landlord rep

Nicole Fazari

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 vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective July 23, 2021. The Tenant must pay the Landlord $9,646.48, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $41.10 per day for compensation for use of the unit starting July 13, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by July 23, 2021, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by July 23, 2021, the Landlord may file the order with the Sheriff to enforce the eviction.