Fleming & Smith v Henry, McKechnie

Landlord wins · Sault Ste Marie · 2022-01-06

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

F.S.

Tenant

S.M., K.H.

Landlord rep

Andrew Raplenovic

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 January 17, 2022. The Tenants must pay the Landlord $9,049.52 in rent arrears and compensation, plus $36.16 per day starting January 7, 2022 until they vacate the unit. The Tenants must also pay the $201 application fee. If the full amount of $10,101 is paid by January 17, 2022, the eviction order will be void and the tenancy will continue.