Excellent Fire Protection Inc v Kazak

Landlord wins · New Tecumseth · 2023-09-01

Adjudicator

Robert Brown

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

Excellent Fire Protection Inc

Tenant

W.K., N.D.

Landlord rep

Jordan Nieuwhof, Trish Kennedy

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of 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 on July 5, 2023, prior to the hearing date.

The ruling

The tenancy was terminated effective July 5, 2023, the date the tenants vacated the rental unit. The tenants are ordered to pay $35,186 to the landlord, which includes rent arrears up to the move-out date, the cost of filing the application, and the landlord waiving $10,774.95 to bring the order in accordance with section 207(3) of the Act. The rent deposit and interest on the deposit are deducted from the amount owing.