Kepler v Morris

Landlord wins · Owen Sound · 2021-02-17

Adjudicator

Shannon Kiekens

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.K.

Tenant

T.M.

Landlord rep

Emma Bellany

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 February 28, 2021. The tenant must pay the landlord $3,068.07, which includes rent arrears up to February 17, 2021 less the rent deposit and interest, as well as the cost of filing the application. The tenant must also pay $23.15 per day for compensation for use of the unit starting February 18, 2021 until the tenant moves out. If the tenant does not pay the full amount owing by February 28, 2021, the tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by February 28, 2021, the landlord may file the order with the Court Enforcement Office for enforcement. If the tenant pays $4,219.44 to the landlord or the Board in trust by February 28, 2021, the eviction order will be void and the tenancy will continue.