McCallum v Bennett

Landlord wins · Windsor · 2021-04-22

Adjudicator

Laura Hartslief

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

C.M., 1775956 Ontario Ltd

Tenant

K.B.

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 to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant did not void by paying the arrears. The Tenant had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective May 3, 2021. The Landlords owe the Tenant $1,068.70 after offsetting the rent arrears, application filing costs, and daily compensation for the Tenant's continued occupation. The Tenant can void the eviction order and continue the tenancy by paying $362.10 on or before April 30, 2021, or $1,293.25 on or before May 3, 2021.