Swartz v McCulligh

Landlord wins · Port Colborne · 2020-11-27

Adjudicator

Harry Cho

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

A.S.

Tenant

L.M., S.M.

Landlord rep

J. Callender

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 ruling

The tenancy is terminated effective November 30, 2020. The Tenants must pay the Landlord $7,150.12, which represents the rent arrears and compensation up to November 27, 2020, less the rent deposit and interest owed on the deposit. The Tenants must also pay the Landlord $59.18 per day for compensation for the use of the unit starting November 28, 2020 until the Tenants move out. If the Tenants do not pay the full amount by December 8, 2020, they will owe interest at 2% annually on the outstanding balance.