Minichiello v Watson

Landlord wins · St Catharines · 2021-09-07

Adjudicator

Khalid Akram

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

G.G.M., G.D.

Tenant

K.W.

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 not vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective September 18, 2021. The Tenant must pay the Landlords $4,379.59, which includes rent arrears up to September 7, 2021 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $32.88 per day for use of the unit starting September 8, 2021 until the Tenant vacates. If the Tenant pays $5,286 on or before September 18, 2021, the eviction order will be void and the tenancy will continue.