Nichols and MacKenzie v Martin

Landlord wins · Kingston · 2021-11-02

Adjudicator

Anthony Bruno

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

P.N., H.M.

Tenant

S.M.

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 vacated the rental unit prior to the hearing date.

The ruling

The tenancy was terminated effective November 13, 2021. The Tenant must pay $3,851.08 to the Landlords, which includes rent arrears up to the move-out date and the cost of filing the application, less the rent deposit and interest on the deposit. If the Tenant does not pay the full amount by November 13, 2021, the Tenant will start owing interest and the Landlords can file the order with the Sheriff to enforce the eviction.