Kang v Barnes and Mantock

Tenant wins · Brampton · 2022-01-18

Adjudicator

Richard Ferriss

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

B.K.

Tenant

A.B., G.M.

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 had not paid the total rent they were required to pay from September 1, 2020 to January 31, 2022.

The ruling

The tenancy is terminated effective January 29, 2022. The Tenants must pay the Landlord $1,213.64, which represents the rent arrears and compensation up to January 18, 2022, plus $48.49 per day for compensation for use of the unit starting January 19, 2022 until the Tenants move out. The Tenants must also pay the Landlord $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by January 29, 2022, they will start to owe interest at 2.00% annually on the outstanding balance. If the unit is not vacated by January 29, 2022, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.