Fenech v Zubyk

Landlord wins · Stoney Creek · 2021-08-13

Adjudicator

Renee Lang

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

M.F., A.F.

Tenant

D.Z., K.M.

Landlord rep

Maria Sturino

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 ruling

The tenancy is terminated effective August 24, 2021. The Tenants must pay $997.17 to the Landlords, which includes rent arrears up to August 13, 2021 and NSF cheque charges, less the rent deposit and interest owed on the deposit. The Tenants must also pay $69.04 per day for compensation for use of the unit starting August 14, 2021 until they move out, and $186.00 for the application filing fee. If the Tenants do not pay the full amount by August 24, 2021, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by August 24, 2021, the Landlords can file the order with the Sheriff to enforce the eviction.