Fraser Gardens v Batista

Landlord wins · Cambridge · 2020-09-30

Adjudicator

Debbie Mosaheb

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

F.G.

Tenant

E.B.

Landlord rep

M. Bedi

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 ruling

The tenancy is terminated effective October 11, 2020. The Tenant must pay the Landlord $5,224.02, which includes rent arrears up to September 30, 2020 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $19.49 per day for compensation for use of the unit starting October 1, 2020 until the Tenant moves out. If the Tenant does not pay the full amount by October 11, 2020, the Tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by October 11, 2020, the Landlord may file the order with the Sheriff for enforcement.