Cain v Rose

Landlord wins · St. Catharines · 2021-08-17

Adjudicator

Stephanie Kepman

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

C.C.

Tenant

L.R.

Landlord rep

Joseph Tonnos

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 vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective August 28, 2021. The Tenant must pay the Landlord $8,348.74, 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 $32.05 per day for compensation for use of the unit starting August 18, 2021 until the Tenant moves out. If the full amount is not paid by August 28, 2021, the Tenant will owe interest at 2% annually on the outstanding balance.