Jaretzke v O'Handley, Flynn

Landlord wins · Wingham · 2022-01-17

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

H.J.

Tenant

J.F., A.O.

Landlord rep

Matthew Armstrong

What happened

Landlord 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 January 28, 2022. The Tenants must pay the Landlord $370.52, which includes rent arrears up to January 17, 2022 less the rent deposit and interest owed on the deposit. The Tenants must also pay $23.84 per day for compensation for use of the unit from January 18, 2022 until they move out, and $186.00 for the application filing fee. If the Tenants do not pay the full amount by January 28, 2022, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by January 28, 2022, the Landlord can file the order with the Sheriff to enforce the eviction.