Fratangelo v Spero

Landlord wins · St Catharines · 2021-07-19

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

D.F.

Tenant

K.S., S.S.

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 tenants had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective July 30, 2021. The tenants must pay the landlord $4,783.90, which includes rent arrears up to the termination date and the cost of filing the application, minus the rent deposit and interest owed on the deposit. The tenants must also pay $34.52 per day for compensation for use of the unit from July 20, 2021 until they move out. If the full amount is paid by July 30, 2021, the eviction order will be void and the tenancy will continue.