Landsmark Canada Inc v Mortimore

Landlord wins · Keswick · 2021-01-18

Adjudicator

Debbie Mosaheb

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Landsmark Canada Inc

Tenant

A.M.

Landlord rep

Naseer Ahmed

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 January 29, 2021. The tenant must pay the landlord $4,145.54, which represents the rent arrears and compensation up to January 18, 2021, plus $24.66 per day for compensation for the use of the unit starting January 19, 2021 until the tenant moves out. The tenant must also pay the landlord $175 for the cost of filing the application. If the tenant does not pay the full amount owing by January 29, 2021, the tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by January 29, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. If the tenant pays $4,585 to the landlord or the Board in trust by January 29, 2021, the eviction order will be void and the tenant can remain in the unit.