Dacosta v Phalen

Landlord wins · Niagara Falls · 2020-11-16

Adjudicator

Sandra Macchione

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

K.D., M.D.

Tenant

D.P., K.B.

Landlord rep

A. Caruso

What happened

Landlords 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 27, 2020. The Tenants must pay the Landlords $951.85, which includes rent arrears up to November 16, 2020 less the rent deposit and interest owed on the deposit. The Tenants must also pay $57.53 per day for compensation for use of the unit from November 17, 2020 until they move out, as well as the $175 application fee. If the Tenants do not pay the full amount by November 27, 2020, they will owe interest and the Landlords can file the order with the Sheriff to enforce the eviction.