Duval v Kirkey

Landlord wins · Cornwall · 2021-11-09

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

J.D.

Tenant

J.K., M.M.

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 paid rent since June 1, 2021.

The ruling

The tenancy is terminated effective November 20, 2021. The Tenants must pay the Landlord $5,812.12, which represents the rent arrears and application filing costs, less the rent deposit and interest owed on the deposit. The Tenants must also pay $44.38 per day for compensation for use of the unit from November 10, 2021 until they move out. If the full amount is not paid by November 20, 2021, the Tenants will owe interest and the Landlord can file the order with the Sheriff to enforce the eviction.