Fiedorek v O'Donoghue and Mazlone

Landlord wins · Niagara Falls · 2021-09-07

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

J.F.

Tenant

M.J.O., U.M.

Landlord rep

Dave Bayuk

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 tenants had vacated the rental unit on September 8, 2021, prior to the hearing date.

The ruling

The tenancy is terminated effective September 18, 2021. The Tenants must pay the Landlord $14,031.00, which includes rent arrears up to September 7, 2021 and the cost of filing the application. The Tenants must also pay $49.32 per day for compensation for the use of the unit starting September 8, 2021 until they move out. If the Tenants do not pay the full amount by September 18, 2021, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by September 18, 2021, the Landlord may file the order with the Court Enforcement Office for eviction.