Shaw v Leaton Properties

Landlord wins · Milton · 2021-10-12

Adjudicator

Poeme Manigat

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Leaton Properties

Tenant

C.S.

Landlord rep

Stanley White

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 November 1, 2020 to June 30, 2021.

The ruling

The tenancy is terminated effective October 23, 2021. The Tenant must pay the Landlord $6,288.10, which includes rent arrears up to October 12, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $61.64 per day for compensation for use of the unit starting October 13, 2021 until the Tenant moves out. If the Tenant pays $9,561.00 on or before October 23, 2021, the eviction order will be void and the tenancy will continue.