Misener v Franze

Landlord wins · London · 2021-08-10

Adjudicator

Douglas Wilkins

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

J.M.

Tenant

A.F.

Landlord rep

Thomas Schoenleber

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 remained in possession of the rental unit.

The ruling

The tenancy is terminated effective August 21, 2021. The Tenant must pay the Landlord $5,874.27, which represents the rent arrears and compensation up to August 10, 2021, less the rent deposit. The Tenant must also pay $32.88 per day for compensation for the use of the unit starting August 11, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by August 21, 2021, the Tenant will start to owe interest. If the unit is not vacated by August 21, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement.