Thiyagarajah v Andress
Landlord wins · Welland · 2021-03-26
- Adjudicator
- Vladimir Nikitin
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- R.T.
- Tenant
- A.M., J.T.H.
- Landlord rep
- Shalini Puri
- Tenant rep
- Laurie Anne Andress
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. Only Tenant Andress Maylene was in possession of the rental unit, as Tenant Jason Thomas Harrison had been incarcerated since February 2021.
The ruling
The tenancy is terminated effective April 4, 2021. The Tenants must pay the Landlord $17,075.32, which includes rent arrears up to March 26, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenants must also pay $72.33 per day for compensation for use of the unit starting March 27, 2021 until they move out. If the full amount is not paid by April 6, 2021, the Landlord may file the order with the Sheriff for enforcement.