Wolfe Vracar and Hirmke & Vracar v Crystal Poggemoeller and Timothy Malowsky

Landlord wins · Cornwall · 2021-11-24

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

W.V., H.V.

Tenant

C.P., T.M.

What happened

Landlords 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 ruling

The tenancy is terminated effective December 5, 2021. The Tenants must pay the Landlords $16,874.69, which includes rent arrears up to November 24, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $25.48 per day for compensation for use of the unit starting November 25, 2021 until they move out. If the Tenants do not pay the full amount by December 5, 2021, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by December 5, 2021, the Landlords may file the order with the Sheriff for enforcement.