Kelly (née coleman) v Westgarth

Landlord wins · St Thomas · 2023-02-27

Adjudicator

Anthony Bruno

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

K.K.N.C., M.K.

Tenant

T.W., P.K.

Landlord rep

Hugh McDonald Mai

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 still in possession of the rental unit on the hearing date.

The ruling

The tenancy will be terminated on March 10, 2023 unless the Tenant pays $11,511 by February 28, 2023 or $13,236 by March 10, 2023 to void the order. If the Tenant does not void the order, they must pay $8,931.24 to the Landlord and $56.71 per day in compensation starting February 17, 2023 until they vacate the unit.