Lapenotiere v Blue

Landlord wins · Port Colborne · 2021-06-08

Adjudicator

Kathleen Wells

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

A.L.

Tenant

C.B.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord served a valid N8 Notice with a termination date of November 30, 2020, but the Tenant did not void the notice by paying the arrears.

The ruling

The tenancy is terminated effective June 8, 2021. The Tenant must vacate the unit by June 19, 2021. The Tenant must pay the Landlord $4,146.25, which represents compensation for use of the unit from December 1, 2020 to June 8, 2021, less the rent deposit and interest owed on the deposit. The Tenant must also pay $26.12 per day for use of the unit from June 9, 2021 until the Tenant vacates, as well as $186 for the application filing fee. If the Tenant does not pay the full amount by June 19, 2021, the Tenant will owe 2% annual interest on the outstanding balance starting June 20, 2021.