Fleming And Smith v Basaraba

Landlord wins · Blind River · 2021-10-07

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

F.A.S.

Tenant

W.B.

Landlord rep

William Vanderleest

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant was not present at the hearing.

The ruling

The tenancy is terminated effective October 18, 2021. The tenant must pay the landlord $4,721.07, which represents the rent arrears and compensation up to October 7, 2021, plus $201 for the application filing fee. The tenant must also pay $21.37 per day for compensation for the use of the unit starting October 8, 2021 until the tenant moves out. If the tenant does not pay the full amount by October 18, 2021, the tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by October 18, 2021, the landlord may file the order with the Court Enforcement Office for enforcement. If the tenant pays $5,426 by October 18, 2021, the eviction order will be void and the tenant can remain in the unit.