Spartak v Kimonos

Landlord wins · Niagara Falls · 2021-04-29

Adjudicator

Peter Pavlovic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

M.S.

Tenant

J.K., L.K.

Landlord rep

Antonio Curuso

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 tenants were in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective May 10, 2021. The Tenants must pay the Landlord $16,417.46, which includes rent arrears up to April 29, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $64.11 per day for compensation for use of the unit starting April 30, 2021 until they move out. If the Tenants do not pay the full amount by May 10, 2021, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by May 10, 2021, the Landlord can file the order with the Sheriff to enforce the eviction.