Cook v Lavalley

Landlord wins · Orillia · 2022-01-10

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

G.C.

Tenant

K.L.

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 had not vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective January 21, 2022. The Tenant must pay the Landlord $4,300.85, which includes rent arrears up to January 10, 2022 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $42.58 per day for compensation for use of the unit starting January 11, 2022 until the Tenant moves out. If the Tenant does not pay the full amount by January 21, 2022, the Tenant will start owing interest. If the unit is not vacated by January 21, 2022, the Landlord may file the order with the Sheriff for enforcement.