Da Silva Xavier v Phillips and Spooner

Landlord wins · Alliston · 2020-10-14

Adjudicator

Nicola Mulima

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

F.R.D.S.X.

Tenant

C.P., G.S.

Landlord rep

Lisa Barder

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 not vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective October 25, 2020. The tenants must pay the landlord $6,190.16, which includes rent arrears up to the termination date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay $82.19 per day for compensation for use of the unit from October 15, 2020 until they move out. If the tenants pay $10,175 on or before October 25, 2020, the eviction order will be void and the tenancy will continue.