Garcia and Anaya v Brown and Mcmillan

Landlord wins · Kitchener · 2021-07-29

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

E.G., R.A.

Tenant

C.B., M.M.

Landlord rep

Ricardo Anaya

What happened

Landlords 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 on May 5, 2021, prior to the hearing date.

The ruling

The tenancy was terminated effective May 5, 2021, the date the tenants vacated the rental unit. The tenants are ordered to pay $6,609.36 to the landlords, which includes rent arrears up to the move-out date and compensation, less the rent deposit and interest on the deposit. The tenants must also pay $186.00 for the cost of filing the application. If the full amount is not paid by August 8, 2021, the tenants will owe interest at 2% annually on the outstanding balance.