Miele v Smith

Landlord wins · Whitby · 2021-11-08

Adjudicator

Susan Priest

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.M.

Tenant

R.S.

Landlord rep

Carrie Aylwin

What happened

Landlord 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 ruling

The tenancy is terminated effective November 19, 2021. The Tenant must pay the Landlord $2,863.85, which represents the rent arrears and application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $29.59 per day for compensation for use of the unit starting November 9, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by November 19, 2021, the Tenant will start owing interest and the Landlord can file the order with the Sheriff to enforce the eviction.