Osgoode Properties v Erwin

Landlord wins · Kingston · 2020-11-23

Adjudicator

Sandra Macchione

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Osgoode Properties

Tenant

K.E.

Landlord rep

Anne Skelly

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 of Termination effective September 1, 2020, which the tenant did not void by paying the arrears.

The ruling

The tenancy is terminated effective December 4, 2020. The Tenant must pay the Landlord $9,069.27, which includes rent arrears up to November 23, 2020 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $44.57 per day for compensation for use of the unit starting November 24, 2020 until the Tenant moves out. If the Tenant does not pay the full amount by December 4, 2020, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by December 4, 2020, the Landlord may file the order with the Sheriff for enforcement.