DMS Property Management Ltd v Rasho and Ardron

Landlord wins · Burlington · 2020-12-24

Adjudicator

Sonia Anwar-Ali

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

DMS Property Management Ltd

Tenant

E.R., J.A.

Landlord rep

Frank Calgagni

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 ruling

The tenancy is terminated effective January 5, 2021. The Tenants must pay the Landlord $1,214.83, which includes rent arrears up to December 24, 2020 and charges related to NSF cheques, less the rent deposit and interest owed on the deposit. The Tenants must also pay $56.03 per day for compensation for use of the unit starting December 25, 2020 until they move out, and $190 for the application filing cost. If the Tenants do not pay the full amount by January 5, 2021, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by January 5, 2021, the Landlord can file the order with the Sheriff for enforcement.