O'Neill v Johnston and Squirrell

Landlord wins · Lindsay · 2020-08-04

Adjudicator

Sonia Anwar-Ali

Dispute

Damage to Property, Non-payment of Rent, Persistent Late Payment, Substantial Interference

Notice

Non-payment of rent (N4), Persistent late payment (N8), Tenant rights (N5)

Amount

$10-20K

Landlord

L.O.

Tenant

C.J., K.S.

Landlord rep

Lisa Wainman

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent, damage to the rental unit, substantial interference, and persistent late payment of rent. The Landlord served valid N4, N8, and N5 notices, but the second N5 notice was found to be defective.

The ruling

The tenancy is terminated effective August 15, 2020. The Tenants must pay the Landlord $5,090 for rent arrears and costs, $9,720 for damages, and $75.62 per day for use of the unit from January 1, 2020 until they vacate. If the full amount is not paid by August 15, 2020, interest will accrue at 2% annually on the outstanding balance.