Brick Properties Inc. v Sweet

Landlord wins · St Catharines · 2021-05-11

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Brick Properties Inc.

Tenant

J.S.

Landlord rep

Judith Callender

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 by the hearing date.

The ruling

The tenancy is terminated effective June 11, 2021. The tenant must pay $4,192.89 to the landlord, which includes rent arrears up to the termination date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenant must also pay $32.27 per day for compensation for use of the unit starting June 1, 2021 until the tenant moves out. If the tenant does not pay the full amount by May 31, 2021, the tenant will owe interest starting June 1, 2021. The tenant can void the order and continue the tenancy by paying $6,485.72 by May 31, 2021 or $7,544.83 by June 11, 2021.