Monrose v Kerwin

Split/Other wins · Ottawa · 2023-03-30

Adjudicator

Mark Melchers

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

G.M.

Tenant

C.K., J.M.

Tenant rep

Jennifer Murphy

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.

The ruling

The Landlord's application to evict the Tenants is denied, on the condition that the Tenants pay $9,936 in rent arrears and costs through a payment plan over 25 months. The Tenants must also pay new rent by the 15th of each month until the arrears are paid or August 2025, whichever is earlier. If the Tenants fail to make any payment, the Landlord can apply to terminate the tenancy.