M Residential Real Estate LP v Horton

Landlord wins · Orillia · 2022-09-02

Adjudicator

Donna Adams

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

M Residential Real Estate LP

Tenant

J.H., J.T.

Landlord rep

K. Klein

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 is terminated effective September 13, 2022 unless the Tenants pay $10,675.88 to void the order and continue the tenancy. If the tenancy is terminated, the Tenants must pay $6,258.83 to the Landlord, which includes rent arrears, application filing fee, and NSF charges, minus the rent deposit and interest. The Tenants must also pay daily compensation of $38.45 for each day of occupation starting July 7, 2022 until they move out.