Upper v Duarte

Landlord wins · Newmarket · 2021-06-14

Adjudicator

Dale Whitmore

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

A.S.

Tenant

K.A.D.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Tenant did not pay rent for January 2019 and May 2019, although she paid rent since then. The Landlord served a Notice of Termination due to the arrears.

The ruling

The tenancy is terminated effective June 25, 2021. The Tenant must pay the Landlord $728.36, which includes rent arrears and the Landlord's filing fee, less the rent deposit and interest. The Tenant must also pay $46.03 per day in compensation for use of the unit from June 15, 2021 until the date the Tenant vacates. If the Tenant does not pay the full amount by June 25, 2021, she will owe simple interest at 2% annually on the outstanding balance.