Gebriel v Daidone

Landlord wins · Leamington · 2021-04-22

Adjudicator

Marisa Victor

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

N.G., S.G.

Tenant

N.D.

Landlord rep

Mark Gebriel

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 by the hearing date.

The ruling

The tenancy is terminated effective May 3, 2021. The Tenant must pay the Landlords $3,092.22, which includes rent arrears up to April 22, 2021 and the cost of filing the application. The Tenant must also pay $23.01 per day for compensation for use of the unit starting April 23, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by May 3, 2021, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by May 3, 2021, the Landlords may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenant can void the order and continue the tenancy by paying $3,286.00 by April 30, 2021 or $3,986.00 by May 3, 2021.