Duggan v Hester

Landlord wins · North Bay · 2021-08-19

Adjudicator

Kevin Lundy

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.D.

Tenant

A.H., J.H.

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 vacated the rental unit on September 8, 2022, prior to the hearing date.

The ruling

The tenancy is terminated effective August 30, 2021. The Tenants must pay the Landlord $1,963.09, which includes rent arrears up to August 19, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $32.05 per day for compensation for use of the unit starting August 20, 2021 until they move out. If the Tenants do not pay the full amount by August 30, 2021, they will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by August 30, 2021, the Landlord can file the order with the Sheriff to enforce the eviction.