Valley Wood Apartments v Di Michele

Landlord wins · St Catharines · 2021-10-19

Adjudicator

Nicola Mulima

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Valley Wood Apartments

Tenant

J.D.M.

Landlord rep

L. Barder

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 was not present at the hearing.

The ruling

The tenancy is terminated effective October 30, 2021. The Tenant must pay $3,125.72 to the Landlord, which includes rent arrears up to October 19, 2021 and the application filing fee, less the rent deposit and interest. The Tenant must also pay $50.96 per day for compensation for use of the unit starting October 20, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by October 30, 2021, the Tenant will owe interest and the Landlord can file the order with the Sheriff to enforce the eviction.