Bird v Tulett, Shearer

Landlord wins · Kingston · 2021-11-02

Adjudicator

Anthony Bruno

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

A.B.

Tenant

A.T., E.S.

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 November 13, 2021. The Tenants must pay the Landlord $1,972.12, which represents the rent arrears and application filing fee, less the rent deposit and interest owed on the deposit. The Tenants must also pay $59.18 per day for compensation for use of the unit starting November 3, 2021 until they move out. If the Tenants do not pay the full amount by November 13, 2021, they will owe interest and the Landlord can file the order with the Sheriff to enforce the eviction.