Vormittag v Preece

Landlord wins · Niagara Falls · 2021-08-17

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

L.V., Weinbrener Place Inc.

Tenant

R.P.

Landlord rep

S. Sheridan

What happened

Landlords 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 not vacated the rental unit at the time of the hearing.

The ruling

The tenancy is terminated effective August 28, 2021 unless the Tenant pays $3,613.64 to the Landlords or to the Board in trust by that date to void the eviction order. If the Tenant does not make this payment, the Landlords may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenant must also pay $2,050.46 to the Landlords, which includes rent arrears, NSF cheque charges, and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $29.70 per day for compensation for use of the unit starting August 18, 2021 until the Tenant moves out.