Kluczenko v Overholt

Landlord wins · St Catharines · 2022-10-03

Adjudicator

Peter Pavlovic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

G.K., J.K.

Tenant

R.O.

What happened

Landlords 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 still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant voids the order by paying $1,630.68 on or before October 14, 2022. If the Tenant does not void the order, the Tenant must pay $818.69 to the Landlord and vacate the unit by October 14, 2022. The Tenant will also owe daily compensation of $23.62 per day starting September 28, 2022 until the date the Tenant moves out.