Lormar Construction v Smelt

Landlord wins · Thunder Bay · 2021-06-24

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

L.C.

Tenant

A.S.

Landlord rep

Rene Lawson

Tenant rep

TDC Allister McGillivray (Thunder Bay)

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 ruling

The tenancy is terminated effective July 5, 2021. The Tenant must pay the Landlord $40,846.26, which represents the amount of rent owing and compensation up to June 24, 2021, plus $75.62 per day for compensation for the use of the unit starting June 25, 2021 to the date the Tenant moves out of the unit. The total amount owing cannot exceed $35,000.00. The Tenant must also pay the Landlord $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by July 5, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by July 5, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.