Whitehall Commercial Corp. v Rezba

Landlord wins · Corunna · 2021-07-15

Adjudicator

Greg Joy

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Whitehall Commercial Corp.

Tenant

W.R.

Landlord rep

Francisco Gomez

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 July 31, 2021. The tenant must move out by this date. The landlord owes the tenant $660.49 for the rent deposit and interest, but the landlord can offset $38.47 per day for compensation starting July 16, 2021 and $186 for the application fee. If the tenant pays $1,327.14 by July 31, 2021, the eviction order will be void and the tenancy will continue.