Mancini v Porter

Landlord wins · Windsor · 2021-08-26

Adjudicator

Rebecca Case

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

S.M., D.G.

Tenant

J.P., T.R.

Landlord rep

Jenna Schroeder, Jenna Deforge

What happened

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

The ruling

The tenancy is terminated effective September 6, 2021. The Tenants must pay the Landlords $8,381.09, which represents the amount of rent owing and compensation up to August 26, 2021, less the rent deposit and interest the Landlords owe on the rent deposit. The Tenants must also pay the Landlords $65.75 per day for compensation for the use of the unit starting August 27, 2021 to the date the Tenants move out of the unit, and $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by September 6, 2021, they will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by September 6, 2021, the Landlords may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.