Killam Apartment Reit v Rose and Desmeules

Landlord wins · Cambridge · 2021-10-28

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

K.A.R.

Tenant

S.R., T.D.

Landlord rep

Gail Kukor Lang

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 November 8, 2021. The Tenants must pay the Landlord $11,663.65, which includes rent arrears up to October 28, 2021 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenants must also pay $60.61 per day for compensation for use of the unit starting October 29, 2021 until they vacate. If the Tenants do not pay the full amount by November 8, 2021, they will owe interest and the Landlord can file the order for enforcement.