Skyline Living v Swanson

Landlord wins · Sudbury · 2021-08-19

Adjudicator

Kevin Lundy

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

S.L.

Tenant

L.S.

Landlord rep

Kayleigh Maille

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 by the hearing date.

The ruling

The tenancy is terminated effective August 30, 2021. The tenant must pay the landlord $9,444.90, which includes rent arrears up to the termination date, NSF cheque charges, and the application filing fee, less the rent deposit and interest owed on the deposit. The tenant must also pay $31.89 per day for compensation for use of the unit from August 20, 2021 until the tenant moves out. If the full amount is not paid by August 30, 2021, the tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by August 30, 2021, the landlord may file the order with the Sheriff for enforcement.