Madden v Gray

Landlord wins · Phelpston · 2021-11-15

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

M.A.M.

Tenant

A.G.

Landlord rep

Ciara McMillen

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 remained in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective November 26, 2021. The tenant must pay the landlord $5,671.68, which includes rent arrears up to November 15, 2021 and the application filing fee. The tenant must also pay $41.10 per day for compensation for use of the unit from November 16, 2021 until the tenant moves out. If the full amount is not paid by November 30, 2021, the tenant will owe interest starting December 1, 2021. If the unit is not vacated by November 30, 2021, the landlord may file the order with the Sheriff for enforcement.