The Windermere Apartments Inc. v Sharpe

Landlord wins · Kitchener · 2021-07-15

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

The Windermere Apartments Inc.

Tenant

K.S., L.S.

Landlord rep

Kenia Afolabi

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 vacated the rental unit on September 8, 2022, prior to the hearing date.

The ruling

The tenancy is terminated effective July 31, 2021. The Tenants must move out by this date. The Landlord owes the Tenants $527.57 from the rent deposit and interest, but the Landlord can offset $31.23 per day for compensation starting July 16, 2021 and the $186 application fee. If the Tenants pay $1,146 by July 31, 2021, the eviction order will be void and the tenancy will continue.