Lam v Allen and Esnault

Landlord wins · Windsor · 2021-10-20

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Q.L.

Tenant

N.A., J.E.

Landlord rep

Khanh Ngu

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 September 8, 2022, prior to the hearing date.

The ruling

The tenancy was terminated effective October 31, 2021. The tenants are ordered to pay $1,654.40 to the landlord, which includes rent arrears up to October 20, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants are also ordered to pay $36.16 per day for compensation for the use of the unit starting October 21, 2021 until the date they move out.