Dunphy v Morrison
Landlord wins · Lindsay · 2021-10-06
- Adjudicator
- A. Brkic
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- A.D., K.V.D.B., Huisgeld Property Management Inc.
- Tenant
- C.M.
- Landlord rep
- Carrie Aylwin
What happened
Landlords 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 had vacated the rental unit prior to the hearing date.
The ruling
The tenancy is terminated effective October 17, 2021. The Tenant must pay $9,598.14 to the Landlords, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $46.03 per day for compensation for use of the unit starting October 7, 2021 until the Tenant moves out. If the Tenant pays $12,286 on or before October 17, 2021, the eviction order will be void and the tenancy will continue.