Rose Garden Apartments v Ramshaw

Landlord wins · Oshawa · 2021-04-09

Adjudicator

Sandra Macchione

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Rose Garden Apartments

Tenant

A.R.

Landlord rep

Anna Prokop

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 20, 2021. The Tenant must pay the Landlord $10,455.00, which represents the rent arrears and compensation up to April 9, 2021, less the rent deposit and interest owed on the deposit. The Tenant must also pay $36.95 per day for compensation for use of the unit starting April 10, 2021 until the Tenant moves out, as well as $175.00 for the cost of filing the application. If the Tenant pays $12,538.01 on or before April 20, 2021, the eviction order will be void and the tenancy will continue.