Cleary v Milligan

Landlord wins · Peterborough · 2022-11-10

Adjudicator

Nicole Huneault

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Cleary Investments Inc, C.C.

Tenant

J.M.

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 was in possession of the rental unit on the application date.

The ruling

The tenancy is terminated unless the tenant pays $12,459.16 to void the order and continue the tenancy by November 21, 2022. If the tenant does not pay, they must move out by November 21, 2022 and pay the landlord $8,371.95, which includes rent arrears and the application filing fee, minus the rent deposit and interest.