Gilbert v McNutt

Landlord wins · Durham · 2020-10-08

Adjudicator

Alex Brkic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

C.G., Watra Property Management

Tenant

J.M.

Landlord rep

Carl Gilbert

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 of Termination, which the Tenant did not void by paying the arrears. The Tenant had not paid the full rent owed from January 1, 2018 to September 30, 2020.

The ruling

The tenancy is terminated effective October 19, 2020. The Tenant must pay the Landlords $4,971.22, which includes rent arrears up to October 8, 2020 and the cost of filing the application, plus $15.12 per day for compensation for use of the unit starting October 9, 2020 until the Tenant moves out. If the Tenant pays $12,658.00 on or before October 19, 2020, the eviction order will be void and the tenancy will continue.