Shire v Russell

Landlord wins · Brockville · 2021-02-09

Adjudicator

Douglas Wilkins

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

R.S.

Tenant

J.R., M.D.

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 ruling

The tenancy is terminated effective February 20, 2021. The Tenants must pay the Landlord $2,356.37, which represents the amount of rent owing and compensation up to February 9, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay the Landlord $32.88 per day for compensation for the use of the unit starting February 10, 2021 to the date the Tenants move out of the unit. The Tenants must also pay the Landlord $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing on or before February 20, 2021, the Tenants will start to owe interest at 2.00% annually on the balance outstanding.