Carlton Ten and Mary Ten v Dustin Pelley and Shannon Franssen

Landlord wins · Oshawa · 2021-01-29

Adjudicator

Nicola Mulima

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

C.T., M.T.

Tenant

D.P., S.F.

Landlord rep

C. Aylwin

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 had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective February 9, 2021. The Tenants must pay the Landlords $9,633.49, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenants must also pay $59.18 per day for compensation for the use of the unit starting January 30, 2021 until the date they move out. If the Tenants do not pay the full amount by February 9, 2021, they will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by February 9, 2021, the Landlords may file the order with the Court Enforcement Office for enforcement.