Coffey v Smith
Landlord wins · Dryden · 2021-05-06
- Adjudicator
- Robert Patchett
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- S.C.
- Tenant
- T.S.
- Landlord rep
- Scott Coffey
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 effective May 17, 2021. The tenant must pay the landlord $5,537.82, which includes rent arrears up to May 6, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The tenant must also pay $25.48 per day for compensation for use of the unit starting May 7, 2021 until the tenant moves out. If the full amount is not paid by May 17, 2021, the tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by May 17, 2021, the landlord may file the order with the Sheriff for enforcement.