Pierson v McGillvray

Landlord wins · Kitchener · 2021-01-15

Adjudicator

Harry Cho

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

D.P.

Tenant

C.M.

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 had not paid the full rent from March 1, 2020 to November 30, 2020.

The ruling

The tenancy is terminated effective February 15, 2021. The Tenant must pay $7,592.24 to the Landlord, which includes rent arrears up to January 15, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay $27.65 per day for compensation for use of the unit starting January 16, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by February 15, 2021, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by February 15, 2021, the Landlord may file the order with the Sheriff for enforcement.