Starlight Investments v Khodr and Al Mahoud
Landlord wins · Kitchener · 2021-04-29
- Adjudicator
- Dawn Wickett
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- Starlight Investments
- Tenant
- A.K., M.A.M.
- Landlord rep
- Gail Kukor Lang
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 had not vacated the rental unit as of the hearing date.
The ruling
The tenancy is terminated effective May 31, 2021. The Tenants must pay the Landlord $2,322.69, which represents the amount of rent owing and compensation up to April 29, 2021, and the total charges related to an NSF cheque, less the rent deposit and interest owed on the deposit. The Tenants must also pay the Landlord $35.62 per day for compensation for the use of the unit starting April 30, 2021 until the date the Tenants move out, and $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by May 10, 2021, they will start to owe interest at 2.00% annually on the outstanding balance. If the unit is not vacated by May 31, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenants can void the order and continue the tenancy by paying the Landlord $2,679.43 by April 30, 2021, or $3,762.75 by May 31, 2021.