ELKO PROPERTIES LTD v Winter

Landlord wins · Kitchener · 2023-01-25

Adjudicator

Sandra Macchione

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

ELKO PROPERTIES LTD

Tenant

L.W.

Landlord rep

Jane Dean

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 still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $8,851 by January 31, 2023 or $9,859 by February 5, 2023 to void the order. If the Tenant does not void the order, they must pay $7,388.18 to the Landlord and vacate the unit by February 5, 2023. The Tenant will also owe daily compensation of $33.14 from January 18, 2023 until move-out.