Markovits v Preston

Landlord wins · Cornwall · 2021-07-20

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

L.M., K.H.

Tenant

W.F.P.

What happened

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

The ruling

The tenancy is terminated effective July 31, 2021. The Tenant must pay the Landlords $3,172.14, which represents the rent arrears and application filing costs, plus $18.41 per day for compensation for use of the unit starting July 21, 2021 until the Tenant moves out. If the Tenant does not pay the full amount owing by July 31, 2021, the Tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by July 31, 2021, the Landlords may file the order with the Court Enforcement Office (Sheriff) for enforcement. If the Tenant pays $3,567.00 by July 31, 2021, the eviction order will be void and the tenancy will continue.