Dutta v Devitt

Landlord wins · Kitchener · 2021-09-16

Adjudicator

Randy Aulbrook

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

<$5K

Landlord

R.D., S.D.

Tenant

B.D.

Landlord rep

Elizabeth Anani

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The Landlords and Tenant had signed an N11 agreement to terminate the tenancy effective October 2, 2021.

The ruling

The tenancy is terminated effective October 2, 2021 as per the N11 agreement between the parties. The Tenant must pay $3,133.62 to the Landlords, which includes rent arrears up to September 16, 2021 and the application filing fee, less the rent deposit and interest. The Tenant must also pay $46.85 per day in compensation for each day of occupation starting September 17, 2021. If the Tenant does not pay the full amount by September 27, 2021, the Tenant will owe interest on the outstanding balance.