Constant v Glassford-Montoya

Landlord wins · St Catharines · 2020-12-16

Adjudicator

Renee Lang

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

V.C., C.C.

Tenant

J.A.G.

What happened

Landlords 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 had not vacated the rental unit at the time of the hearing.

The ruling

The tenancy is terminated effective January 5, 2021. The Tenant must pay the Landlords $11,482.03, which includes rent arrears up to December 16, 2020 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $50.14 per day for compensation for use of the unit starting December 17, 2020 until the Tenant moves out. If the Tenant does not pay the full amount by December 27, 2020, the Tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by January 5, 2021, the Landlords may file the order with the Sheriff for enforcement.