Garner v Pickthall

Landlord wins · Kitchener · 2020-11-16

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

E.G., R.C.

Tenant

C.P.

Tenant rep

Duty Counsel

What happened

Landlords 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 not vacated the rental unit at the time of the hearing.

The ruling

The tenancy is terminated effective December 3, 2020. The Tenant must pay the Landlords $14,360.61, plus $47.01 per day starting November 17, 2020 until the Tenant vacates the unit. If the Tenant pays $14,961 by November 30, 2020 or $16,391 by December 3, 2020, the Tenant can void the eviction order and continue the tenancy.