Varis v Russell

Landlord wins · Windsor · 2022-06-29

Adjudicator

Terri van Huisstede

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

A.S.V.

Tenant

R.E.C., M.S.D.R.

Tenant rep

Tenant Duty Counsel

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 were still in possession of the rental unit on the hearing date.

The ruling

The Tenants are ordered to pay $5,636 to the Landlord, which includes rent arrears up to June 30, 2022 and the cost of filing the application. The Tenants are to pay $750 per month towards the arrears, in addition to paying the monthly rent, until the arrears are paid in full. If the Tenants fail to make any of the required payments, the Landlord may apply to the LTB for an order terminating the tenancy and evicting the Tenants.