Joseph Loewith & Sons Ltd v Melia

Landlord wins · Lynden · 2021-09-07

Adjudicator

Khalid Akram

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Joseph Loewith & Sons Ltd

Tenant

D.M.

Landlord rep

Ben Loewith

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 September 18, 2021. The tenant must pay the landlord $9,729.09, which includes rent arrears up to September 7, 2021 and the cost of filing the application, plus $43.18 per day for compensation for use of the unit starting September 8, 2021 until the tenant moves out. If the tenant does not pay the full amount by September 18, 2021, the tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by September 18, 2021, the landlord may file the order with the Sheriff for enforcement.