Ormsby Realty Ltd. v Button and Morgan

Landlord wins · Newmarket · 2021-06-28

Adjudicator

Donald MacVicar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Ormsby Realty Ltd.

Tenant

E.B., M.M.

Landlord rep

Richard Hissey

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants had vacated the rental unit on September 8, 2022, prior to the hearing date.

The ruling

The tenancy is terminated effective August 31, 2021. The tenants are ordered to pay $18,449.26 to the landlord, 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. The tenants can void the order and continue the tenancy by paying the full amount owing by the specified deadlines.