Cao and Wu v Albanese and Quinlan

Landlord wins · Kitchener · 2020-12-21

Adjudicator

Khalid Akram

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

L.C., E.J.W.

Tenant

N.A., R.Q.

What happened

Landlords 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 tenants were in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective January 5, 2021. The Tenants must pay the Landlords $16,403.98, which represents the rent arrears and compensation up to December 21, 2020, less the rent deposit. The Tenants must also pay $78.90 per day for compensation for the use of the unit starting December 22, 2020 until the date they move out, and $175 for the cost of filing the application. If the Tenants do not pay the full amount by January 5, 2021, they will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by January 5, 2021, the Landlords may file the order with the Sheriff to enforce the eviction.