Kainth v Kilborn
Landlord wins · Oakville · 2021-01-15
- Adjudicator
- Richard Ferriss
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- S.K.
- Tenant
- G.K.
- Landlord rep
- Lisa Barder
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 ruling
The tenancy is terminated effective January 26, 2021. The tenant must pay the landlord $14,486.90, which represents the amount of rent owing and compensation up to January 15, 2021, less the rent deposit and interest the landlord owes on the rent deposit. The tenant must also pay the landlord $85.48 per day for compensation for the use of the unit starting January 16, 2021 to the date the tenant moves out of the unit. The tenant must also pay the landlord $175.00 for the cost of filing the application. If the tenant does not pay the full amount owing by January 26, 2021, the tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by January 26, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. If the tenant pays $18,153.00 to the landlord or to the Board in trust by January 26, 2021, the order for eviction will be void and the tenant can remain in the unit.