Macdonald v Smallwood

Landlord wins · Ramara · 2021-09-27

Adjudicator

Dawn Wickett

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

R.M.

Tenant

S.S.

Tenant rep

Tenant Duty Counsel

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 of Termination, which the Tenant did not void by paying the arrears.

The ruling

The tenancy is terminated effective October 31, 2021. The Tenant must pay the Landlord $2,221.18, which includes rent arrears up to September 27, 2021 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $31.23 per day in compensation starting September 28, 2021 until the Tenant vacates the unit. If the Tenant pays the full amount owed by October 8, 2021, the Tenant will not owe any interest. If the Tenant pays the full amount owed by October 31, 2021, the Tenant can void the eviction order and continue the tenancy.