Fortis v Coles and Smith

Landlord wins · St. Catharines · 2020-08-04

Adjudicator

Kevin Lundy

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

T.F.

Tenant

D.C., R.S.

Landlord rep

Judith Callender

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 August 15, 2020. The Tenants must pay the Landlord $7,451.42, which represents the rent arrears and compensation up to August 4, 2020, plus $175 for the application fee. The Tenants must also pay $26.30 per day for compensation for the use of the unit starting August 5, 2020 until they move out. If the Tenants pay $8,315 on or before August 15, 2020, the eviction order will be void and the tenancy will continue.