Misener v Franze
Landlord wins · London · 2021-10-28
- Adjudicator
- Sandra Macchione
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- J.M.
- Tenant
- A.F.
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 not paid the total rent of $7,550 for the period from September 1, 2020 to October 31, 2021.
The ruling
The tenancy is terminated effective November 8, 2021. The Tenant must pay the Landlord $6,169.93, which includes rent arrears up to October 28, 2021, less the rent deposit and interest, and less the $300 abatement owed to the Tenant. The Tenant must also pay $32.88 per day for compensation for use of the unit starting October 29, 2021 until the Tenant moves out. If the Tenant wishes to void the order and continue the tenancy, the Tenant must pay $7,436 by October 31, 2021 or $8,436 by November 8, 2021.