Ernst v Duquette

Landlord wins · Chatham · 2021-04-22

Adjudicator

John Mazzilli

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

M.E., S.E.

Tenant

F.D.

Landlord rep

Jason Dudley

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 of Termination effective September 18, 2020, which the Tenant did not void by paying the arrears. The Tenant was in possession of the rental unit at the time of the hearing.

The ruling

The tenancy is terminated effective May 31, 2021. The Tenant must pay the Landlords $180.90, which represents the amount of rent owing and compensation up to April 22, 2021, less the rent deposit and interest the Landlords owe on the rent deposit. The Tenant must also pay $31.86 per day for compensation for the use of the unit starting April 23, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by May 3, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by May 31, 2021, the Landlords may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.