Briarlane Rental Property Mgmt v Frickey

Landlord wins · Kitchener · 2020-08-04

Adjudicator

Laura Hartslief

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Briarlane Rental Property Mgmt

Tenant

T.F., T.A.

Landlord rep

Peter Schoeder

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

Unless the Tenants void the order as set out below, the tenancy between the Landlord and the Tenants is terminated and the Tenants must move out of the rental unit on or before August 15, 2020. The Tenants must pay the Landlord $100.48, which represents arrears of rent up to March 31, 2020 ($1,328.17), less the last month's rent deposit ($1,206.33) and the interest owing on the deposit ($21.36). The Tenants must also pay the Landlord $40.37 per day for compensation for the use of the unit starting August 5, 2020 to the date the Tenants move out of the unit, and $175.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by August 15, 2020, they will start to owe interest at 2.00% annually on the balance outstanding. If, at any time between the hearing held on March 11, 2020, and August 15, 2020, the Tenants reached a zero balance owing, then this order for eviction will be void. This means that the tenancy would not be terminated and the Tenants could remain in the unit.