O'Malley v Daines

Landlord wins · Trenton · 2021-08-11

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

C.O.

Tenant

T.D.

Landlord rep

Lorrie McCullough

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 vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective August 22, 2021. The tenant must pay the landlord $4,474.03, which includes rent arrears, compensation, and the application fee, less the rent deposit and interest. The tenant must also pay $31.89 per day for each day of occupation starting August 12, 2021 until the unit is vacated. If the full amount is paid by August 22, 2021, the eviction order will be void and the tenancy will continue.