Grayvic Capital Inc. v Fleming

Landlord wins · Sudbury · 2021-06-10

Adjudicator

Douglas Wilkins

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Grayvic Capital Inc.

Tenant

B.F.

Landlord rep

Andrew Georgescu, Hunter Hogarth, Danielle Barham

What happened

Landlord 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's whereabouts were unclear, as two other persons were found in the rental unit claiming to be there with the tenant's permission, but the tenant did not inform the landlord of vacating the unit or return the keys.

The ruling

The tenancy is terminated effective June 21, 2021. The tenant must pay the landlord $5,394.59, which includes rent arrears up to June 10, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenant must also pay $47.01 per day for compensation for use of the unit starting June 11, 2021 until the tenant moves out. If the full amount is paid by June 21, 2021, the eviction order will be void and the tenant can remain in the unit.