MACKINNON DEVELOPMENT CORPORATION v Downey -Milton

Landlord wins · Kingston · 2023-02-14

Adjudicator

Debbie Mosaheb

Dispute

Persistent late payment, Non-payment of Rent, Substantial interference

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

M.D.C.

Tenant

T.G., M.D.

Landlord rep

Gregg Foss

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent, persistent late payment, and substantial interference. 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 had vacated the rental unit on July 6, 2022, prior to the hearing date.

The ruling

The tenancy was terminated effective July 6, 2022, the date the tenants vacated the rental unit. The tenants are ordered to pay $15,343.95 to the landlord, which includes rent arrears up to the move-out date, the cost of filing the application, and unpaid NSF charges, with the rent deposit and interest on the deposit deducted from the total amount owing.