Manitoulin-sudbury DSB v Panamick and Paquette

Landlord wins · Chapleau · 2021-07-29

Adjudicator

Dale Whitmore

Dispute

Damage to Property, Non-payment of Rent

Notice

Non-payment of rent (N4), Damage to the Premises

Amount

$10-20K

Landlord

M.D.

Tenant

A.P., K.P.

Landlord rep

Kirsten Thorne

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants due to rent arrears and damage to the premises. The Tenants did not pay the full rent they were required to pay, and the Landlord served a notice of termination. The Tenants also wilfully or negligently caused damage to the premises, and the Landlord claimed $5,000.00 in repair costs.

The ruling

The tenancy is terminated, and the Tenants must vacate the unit by August 9, 2021. The Tenants must pay the Landlord $10,052.78 for rent arrears and the Landlord's filing fee, less the rent deposit and interest, as well as $5,000.00 for the reasonable cost to repair damage to the premises. The Tenants must also pay the Landlord $15.81 per day in compensation for the use of the unit from July 30, 2021 until they vacate. If the Tenants do not pay the full amount owing by August 9, 2021, they will owe simple interest calculated from August 10, 2021 at 2.00% annually on the balance outstanding.