Cowan v Fair
Landlord wins · Smiths Falls · 2020-10-14
- Adjudicator
- Khalid Akram
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- M.C.
- Tenant
- T.F.
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 still in possession of the rental unit on the application date.
The ruling
The tenancy is terminated effective October 25, 2020. The Tenant must pay the Landlord $7,045.00, which represents the amount of rent owing and compensation up to October 14, 2020, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $32.88 per day for compensation for the use of the unit starting October 15, 2020 to the date the Tenant moves out, and $175.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by October 25, 2020, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by October 25, 2020, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.