Exclusive Rental v Hutchings and Walker

Landlord wins · St. Thomas · 2021-10-08

Adjudicator

Nicola Mulima

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

E.R.

Tenant

D.H., T.W.

Landlord rep

J. McCauley

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 ruling

The tenancy is terminated effective October 19, 2021. The Tenants must pay the Landlord $7,554.06, which includes rent arrears up to October 8, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $65.59 per day for compensation for use of the unit starting October 9, 2021 until they move out. If the Tenants do not pay the full amount by October 19, 2021, they will owe interest and the Landlord can file the order for enforcement of the eviction.