Minto Apartment Limited Partnership v Mulvihill

Landlord wins · Nepean · 2021-07-13

Adjudicator

Alex Brkic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Minto Apartment Limited Partnership

Tenant

D.M.

Landlord rep

Anne 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 had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective July 24, 2021. The Tenant must pay the Landlord $4,545.34, which includes rent arrears up to July 13, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $42.13 per day for compensation for the use of the unit starting July 14, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by July 24, 2021, the Tenant will start to owe interest at 2% annually on the outstanding balance.