Summerhill Apartments v Froggatt

Landlord wins · Kingston · 2021-06-15

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Summerhill Apartments

Tenant

S.F.

Landlord rep

R. Hanes

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 July 7, 2021. The tenant must pay the landlord $3,615.08, which includes rent arrears up to June 15, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenant must also pay $35.28 per day for compensation for use of the unit from June 16, 2021 until the tenant moves out. If the tenant does not pay the full amount by June 26, 2021, the tenant will owe interest. If the unit is not vacated by July 7, 2021, the landlord may file the order with the Sheriff for enforcement.