Feng v Earle
Landlord wins · Kewswick · 2021-03-01
- Adjudicator
- Sandra Macchione
- Dispute
- Non-payment of Rent, Substantial Interference
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- B.F.
- Tenant
- C.E.
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant has not paid the total rent the Tenant was required to pay for the period from September 1, 2019 to March 31, 2020. The Landlord served a Notice of Termination effective December 11, 2019. The Tenant has also not paid her portion of the utility costs, which substantially interferes with the Landlord's lawful rights.
The ruling
The tenancy is terminated effective March 12, 2021. The Tenant must pay the Landlord $21,975.75, which includes rent arrears, compensation, and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $44.38 per day for compensation for use of the unit starting March 2, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by March 12, 2021, the Tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by March 12, 2021, the Landlord may file the order with the Sheriff for enforcement.