De Luca v Morice

Landlord wins · Welland · 2022-02-01

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

M.D.L.

Tenant

C.M., S.G.

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 February 28, 2022. The Tenants must pay $7,115.51 to the Landlord, which includes rent arrears up to February 1, 2022 and the application filing fee, less the $1,400.00 rent abatement. The Tenants must also pay $46.03 per day in compensation starting February 2, 2022 until they vacate the unit. If the Tenants pay $8,586.00 on or before February 28, 2022, the eviction order will be void and the tenancy will continue.