Theocharis Brothers Properties Inc v Gemus

Landlord wins · Stratford · 2022-02-14

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Theocharis Brothers Properties Inc

Tenant

R.G.

Landlord rep

Carmen Dowdy

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 passed away on October 5, 2021, prior to the hearing date.

The ruling

The tenancy is terminated as of November 5, 2021, 30 days after the Tenant's death. The Tenant must pay the Landlord $2,027.24, which includes rent arrears up to the termination date, less the rent deposit and interest owed on the deposit. The Tenant must also pay $186.00 for the application filing fee. If the full amount is not paid by February 28, 2022, the Tenant will owe simple interest at 2% annually on the outstanding balance.