Kipling Group Inc v Atangana

Landlord wins · Burlington · 2021-08-10

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Kipling Group Inc

Tenant

A.A.

Landlord rep

Frank Calcagni

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 Tenant was not present at the hearing.

The ruling

The tenancy is terminated effective August 31, 2021. The Tenant must pay $798.11 to the Landlord, which represents the rent arrears and compensation up to August 10, 2021, less the rent deposit and interest. The Tenant must also pay $60.98 per day for compensation for the use of the unit starting August 11, 2021 until the Tenant moves out, and $186 for the cost of filing the application. If the Tenant does not pay the full amount by August 31, 2021, the Tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by August 31, 2021, the Landlord may file the order with the Court Enforcement Office for eviction. The Tenant can void the eviction order by paying $3,960.56 on or before August 31, 2021.