Brown v Fenn

Landlord wins · Peterborough · 2021-02-24

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

D.B.

Tenant

D.F., K.F.

Landlord rep

Kevin Anderson

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 March 7, 2021. The Tenants must pay the Landlord $1,799.83, which represents the amount of rent owing and compensation up to February 24, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay the Landlord $36.16 per day for compensation for the use of the unit starting February 25, 2021 to the date the Tenants move out, and $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by March 7, 2021, they will start to owe interest at 2.00% annually on the balance outstanding.