Wilstar Management Ltd. v Markowski and Fusaro

Landlord wins · Hamilton · 2021-06-08

Adjudicator

Anthony Bruno

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Wilstar Management Ltd.

Tenant

A.M., B.F.

Landlord rep

David Ciobotaru

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 had not paid the total rent owed from February 1, 2020 to November 30, 2020.

The ruling

The tenancy is terminated effective June 19, 2021. The Tenants must pay the Landlord $6,612.24, which includes rent arrears and compensation up to June 8, 2021, less the rent deposit and interest owed on the deposit. The Tenants must also pay $57.01 per day for compensation for use of the unit from June 9, 2021 until they move out, as well as $175 for the application filing fee. If the full amount is not paid by June 19, 2021, the Tenants will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by June 19, 2021, the Landlord can file the order with the Sheriff to enforce the eviction.