Emmons v Lofaso

Landlord wins · Kingston · 2021-11-04

Adjudicator

Susan Priest

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

D.E., V.D.

Tenant

A.L., K.R.

Landlord rep

Vicky Dupere

What happened

Landlords 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 prior to the hearing date.

The ruling

The tenancy is terminated effective November 15, 2021. The tenants must pay the landlords $7,938.16, which includes rent arrears up to November 4, 2021 and the application filing fee, less the rent deposit. The tenants must also pay $82.19 per day for compensation for use of the unit from November 5, 2021 until they move out. If the full amount is not paid by November 15, 2021, the landlords may file the order with the Sheriff to enforce the eviction.