Whalen v Lenius

Landlord wins · Sudbury · 2020-12-03

Adjudicator

Camille Tancioco

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

N.W.

Tenant

J.L.

Landlord rep

Monique Laderoute

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 had not vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective January 5, 2021. The Tenant must pay the Landlord $727.96, which includes rent arrears up to December 3, 2020 and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay $23.84 per day for compensation for use of the unit starting December 4, 2020 until the Tenant moves out. If the Tenant does not pay the full amount by January 5, 2021, the Tenant will start owing interest. If the unit is not vacated by January 5, 2021, the Landlord may file the order with the Sheriff for enforcement.