Phuntsok v Nicks

Landlord wins · Windsor · 2022-08-11

Adjudicator

Curtis Begg

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.P.

Tenant

S.N.

Landlord rep

R. Chhem

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 was still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $4,086 by August 31, 2022 to void the order. If the Tenant does not pay, they must move out by August 31, 2022. The Landlord is entitled to compensation of $49.32 per day for use of the unit starting July 5, 2022 until the Tenant moves out. The Landlord owes the Tenant $239.40 for the rent deposit and interest, but this amount can be deducted from the daily compensation owed.