Dms (formerly Fengate) v Gallenger

Landlord wins · Hamilton · 2021-03-02

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

D.F.F.

Tenant

S.G.

Landlord rep

Calcagni F.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant was in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective March 13, 2021. The Tenant must pay the Landlord $3,915.64, which includes rent arrears up to March 2, 2021 and charges related to NSF cheques, minus the $1,364.00 the Tenant paid after the application was filed. The Tenant must also pay $27.32 per day for compensation for use of the unit starting March 3, 2021 until the Tenant moves out, and $201.00 for the cost of filing the application. If the Tenant does not pay the full amount by March 13, 2021, the Tenant will owe interest starting March 14, 2021.