Di Pietro Bros. Inc. v Smith and Bielecky

Landlord wins · St Catharines · 2022-01-26

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Di Pietro Bros. Inc.

Tenant

M.B., J.S.

Landlord rep

Frank Di Pietro

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 February 28, 2022. The Tenants must pay the Landlord $11,649.25, plus $49.32 per day starting January 27, 2022 until they vacate the unit. If the Tenants do not pay the full amount by February 28, 2022, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by February 28, 2022, the Landlord may file the order with the Sheriff for enforcement.