DMS Property Management Ltd v Leighton and Wilson

Landlord wins · Burlington · 2020-11-05

Adjudicator

Dawn King

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

DMS Property Management Ltd

Tenant

C.L., K.W.

Landlord rep

Paul Startek

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 had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective November 16, 2020. The Tenants must pay the Landlord $1,405.04, which represents the amount of rent owing and compensation up to November 5, 2020, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay the Landlord $59.77 per day for compensation for the use of the unit starting November 6, 2020 to the date the Tenants move out of the unit, and $190.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by November 16, 2020, they will start to owe interest at 2.00% annually on the balance outstanding.