Skyline Living v Danychuk

Landlord wins · Owen Sound · 2022-12-14

Adjudicator

Maria Shaw

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.L.

Tenant

P.D., J.C.

Landlord rep

Sandi Robertson-Brooks

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. One tenant had vacated the rental unit in June 2022, while the other tenant remained in possession.

The ruling

The tenancy is terminated effective January 21, 2023, unless the Tenant pays $8,845.14 to void the order and continue the tenancy by January 20, 2023. If the Tenant does not void the order, they must pay $4,156.87 to the Landlord, which includes rent arrears, application filing fees, and NSF charges, minus the rent deposit and interest. The Tenant must also pay daily compensation of $38.51 per day for use of the unit starting October 1, 2022 until they move out.