Chimienti v Bates

Landlord wins · Harwood · 2020-09-28

Adjudicator

Jim McMaster

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

T.C.

Tenant

D.B.

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 of Termination effective December 16, 2019, which the tenant did not void by paying the arrears.

The ruling

The tenancy is terminated effective October 9, 2020. The Tenant must pay the Landlord $10,402.59, which includes rent arrears up to September 28, 2020 and NSF cheque charges, plus $32.88 per day for compensation for use of the unit starting September 29, 2020 until the Tenant moves out. The Tenant must also pay $175 for the cost of filing the application. If the Tenant does not pay the full amount by October 9, 2020, the Tenant will start owing interest at 2% annually on the outstanding balance.