Gazzaruso v Gilles

Landlord wins · Barrie · 2021-01-13

Adjudicator

Khalid Akram

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

G.G., E.G., N.G., S.G.

Tenant

D.G., T.S.

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 tenant David Gilles had vacated the rental unit on September 30, 2020, prior to the hearing date, but Tammy Saulnier remained in possession.

The ruling

The tenancy is terminated effective January 24, 2021. The tenants are ordered to pay $5,058.37 to the landlords, which includes rent arrears up to January 13, 2021 and the application filing fee, less the rent deposit and interest on the deposit. The tenants must also pay $44.38 per day for compensation for use of the unit from January 14, 2021 until they move out. If the full amount is not paid by January 24, 2021, the landlords may file the order with the Sheriff for enforcement.