Miller v Vivian

Landlord wins · North Bay · 2020-09-28

Adjudicator

Dawn King

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.M.

Tenant

R.V.

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 tenant was in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective October 9, 2020. The tenant must pay the landlord $4,025.42, which includes rent arrears up to September 28, 2020, less the rent deposit and interest owed on the deposit. The tenant must also pay $31.23 per day for compensation for use of the unit from September 29, 2020 until the tenant moves out, and $175 for the application filing fee. If the tenant does not pay the full amount by October 9, 2020, the landlord may file the order with the Sheriff to enforce the eviction.