Portillo v Cleland

Landlord wins · Kitchener · 2021-08-12

Adjudicator

Robert Patchett

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

E.P.

Tenant

A.C., B.C.

Landlord rep

Lisa Nadon

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 were not present at the hearing.

The ruling

The tenancy is terminated effective August 31, 2021. The Tenants must pay the Landlord $9,461.05, which includes rent arrears and compensation up to August 12, 2021, less the rent deposit and interest owed on the deposit. The Tenants must also pay $42.90 per day for compensation for use of the unit from August 13, 2021 until they move out, and $186.00 for the application filing fee. If the full amount is not paid by August 31, 2021, the Tenants will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by August 31, 2021, the Landlord may file the order with the Sheriff for enforcement.