Nelson v Gastemeier

Landlord wins · Waterloo · 2021-06-24

Adjudicator

Dawn Sullivan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

P.N.

Tenant

J.G.

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 ruling

The tenancy is terminated effective July 5, 2021. The Tenant must move out of the rental unit on or before July 5, 2021. The amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent and compensation the Landlord is entitled to by $160.59. The Landlord is authorized to offset $18.90 per day for compensation for the use of the unit starting June 25, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. If the Tenant wishes to void this order and continue the tenancy, the Tenant must pay $761.00 if the payment is made on or before June 30, 2021, or $1,336.00 if the payment is made on or before July 5, 2021.