Kirkby v Nickerson

Landlord wins · Peterborough · 2021-03-24

Adjudicator

Shannon Kiekens

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Z.K.

Tenant

K.N., R.B.

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 had vacated the rental unit on March 31, 2020, prior to the hearing date.

The ruling

The tenancy is terminated as of March 31, 2020, the date the Tenants gave vacant possession of the rental unit to the Landlord. The Tenants shall pay the Landlord $7,128.62, which represents the amount of rent owing and compensation up to March 31, 2020, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants shall also pay the Landlord $175.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by April 4, 2021, they will start to owe interest at 2.00% annually on the outstanding balance.