Clemens v Wellington

Landlord wins · Niagara Falls · 2022-10-04

Adjudicator

Robert Brown

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

B.C.

Tenant

T.W., B.W.

Landlord rep

Maria Clemens

What happened

Landlord 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 still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenants pay $8,086 to void the order and continue the tenancy, or $5,350.18 if the tenancy is terminated. The Tenants must also pay daily compensation of $41.92 from 2022-09-28 until they vacate the unit. If the unit is not vacated by 2022-10-15, the Landlord may file the order for enforcement.