Laptev v Gervais

Landlord wins · Windsor · 2023-03-28

Adjudicator

Percy Laryea

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

K.L.

Tenant

J.G., T.G., J.G.

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

The ruling

The tenancy will be terminated on April 28, 2023 unless the Tenant pays $13,976.00 by March 31, 2023 or $15,949.00 by April 28, 2023 to void the order and continue the tenancy. If the Tenant does not void the order, they must move out by April 28, 2023 and pay the Landlord $10,045.59, which includes rent arrears and the application filing fee, minus the rent deposit and interest owed to the Tenant. The Tenant must also pay the Landlord $64.87 per day for use of the unit starting March 2, 2023 until the date they move out.