Montin and Sammon v Falardeau

Landlord wins · Sudbury · 2020-12-01

Adjudicator

Sonia Anwar-Ali

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

A.R.M., A.M.S.

Tenant

R.J.F.S.

What happened

Landlords 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 vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective December 12, 2020. The Tenant must pay the Landlords $4,942.63, which represents the rent arrears and compensation up to December 1, 2020, less the rent deposit and interest owed on the deposit. The Tenant must also pay $43.56 per day for compensation for use of the unit starting December 2, 2020 until the Tenant moves out, and $175.00 for the cost of filing the application. If the Tenant does not pay the full amount by December 12, 2020, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by December 12, 2020, the Landlords may file the order with the Sheriff for enforcement.