Osgoode Properties v Estate of Lynda Malette

Landlord wins · Kingston · 2020-11-03

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Osgoode Properties

Tenant

E.O.L.M.

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 to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenant did not void by paying the arrears. The tenant passed away on March 8, 2020, prior to the hearing date.

The ruling

The tenancy terminated by operation of law on April 7, 2020, 30 days after the tenant's death. The tenant's estate is ordered to pay $5,166.44 to the landlord, which includes rent arrears up to April 7, 2020 and the cost of filing the application, less the rent deposit and interest on the deposit.