McKenna v Cyr

Landlord wins · Courtice · 2021-11-25

Adjudicator

Susan Priest

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

F.M.

Tenant

J.C., T.M.

Landlord rep

Carrie Aylwin

What happened

Landlord 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 had not vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective December 6, 2021. The Tenants must pay the Landlord $4,460.33, which includes rent arrears up to November 25, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenants must also pay $62.47 per day for compensation for use of the unit starting November 26, 2021 until they move out. If the Tenants do not pay the full amount by December 6, 2021, the Landlord may file the order with the Sheriff for enforcement.