Starlight Canadian Residential Growth F v Nungutse

Landlord wins · Ottawa · 2021-07-05

Adjudicator

Alex Brkic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

S.C.R.G.F.

Tenant

B.N.

Landlord rep

Kevin Anderson

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 December 5, 2020. The Tenant must pay the Landlord $8,399.36, which includes rent arrears up to November 24, 2020 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $45.86 per day for compensation for use of the unit starting November 25, 2020 until the Tenant moves out. If the Tenant does not pay the full amount by December 5, 2020, the Tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by December 5, 2020, the Landlord may file the order with the Sheriff for enforcement, with the eviction to take place on or after July 17, 2021. The Tenant can void the eviction order by paying $21,375.36 on or before July 16, 2021.