Hutcheon v Crane

Landlord wins · Barrie · 2021-03-08

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

C.H., C.H., C.M., M.M.

Tenant

M.C., S.O.

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 tenants were in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective March 19, 2021. The Tenants must pay $15,576.42 to the Landlords, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $60 per day for compensation for use of the unit from March 9, 2021 until they move out. If the Tenants do not pay the full amount by March 19, 2021, they will owe interest and the Landlords can file the order with the Sheriff to enforce the eviction.