Minto Apartment Limited Partnership v Kimathe

Landlord wins · Ottawa · 2022-12-01

Adjudicator

Nicole Huneault

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Minto Apartment Limited Partnership

Tenant

D.K.

Landlord rep

Ann Skelly

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 still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $16,947.85 by December 12, 2022 to void the order. If the Tenant does not pay this amount, the Tenant must move out by December 12, 2022 and pay the Landlord $12,197.36, which includes rent arrears and the application filing fee, minus the rent deposit and interest.