Rogers v Fennell

Landlord wins · Oakville · 2021-09-14

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

T.R.

Tenant

C.F., J.F.

Landlord rep

Michael Nemanic

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 had vacated the rental unit on July 29, 2021, prior to the hearing date.

The ruling

The tenancy was terminated effective July 29, 2021, the date the tenants vacated the rental unit. The tenants are ordered to pay $35,000 to the landlord, which represents the rent arrears and compensation up to the move-out date, less the rent deposit and interest owed on the deposit. The tenants must also pay the $186 application fee.