Miller v Windross

Landlord wins · North Bay · 2021-10-14

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.M.

Tenant

A.W.

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 had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective October 25, 2021. The Tenant must pay the Landlord $713.97, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $32.88 per day for compensation for use of the unit from October 15, 2021 until the Tenant moves out. If the Tenant pays $2,416 on or before October 25, 2021, the eviction order will be void and the Tenant can remain in the unit.