Killam Properties Inc v Westman

Landlord wins · London · 2021-07-29

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Killam Properties Inc

Tenant

M.W.

Landlord rep

Gail Kukor Lang

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 August 9, 2021. The Tenant must pay the Landlord $13,314.63, which includes rent arrears up to July 29, 2021, compensation, and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $33.60 per day for compensation for use of the unit starting July 30, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by August 9, 2021, the Tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by August 9, 2021, the Landlord may file the order with the Sheriff for enforcement.