Fleming And Smith v Wilson

Landlord wins · Sault Ste Marie · 2021-11-04

Adjudicator

Peter Pavlovic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

F.A.S.

Tenant

K.W.

Landlord rep

William Vaderleest

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 had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective November 15, 2021. The tenant must pay the landlord $5,885.65, which includes rent arrears up to November 4, 2021 and the cost of filing the application. The tenant must also pay $27.95 per day for compensation for the use of the unit starting November 5, 2021 until the tenant moves out. If the tenant pays $6,787.00 on or before November 15, 2021, the eviction order will be void and the tenant can remain in the unit.