Q Res V Operating LP v Huber

Landlord wins · St Catharines · 2021-04-13

Adjudicator

Dawn Sullivan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Q Res V Operating LP

Tenant

C.H.

Landlord rep

David Rubin

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 vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective April 24, 2021. The Tenant must pay the Landlord $12,418.18, which includes rent arrears up to the termination date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay $39.33 per day for compensation for the use of the unit starting April 14, 2021 until the Tenant moves out. If the Tenant does not pay the full amount owing by April 24, 2021, the Tenant will start to owe interest. If the unit is not vacated by April 24, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenant may make a motion to the Board to set aside the order if the Tenant pays the required amount on or after April 25, 2021 but before the Sheriff gives vacant possession to the Landlord.