Wong v Basnicki

Landlord wins · East Gwillimbury · 2023-03-14

Adjudicator

Nancy Morris

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Y.Y.W.

Tenant

R.W.W., K.A.M.B.

Landlord rep

S. Wu

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. One of the tenants, K. Basnicki, said she withheld rent due to maintenance issues, but the landlord agreed to waive 5 months' rent. The parties consented to the order.

The ruling

The tenancy is terminated effective March 3, 2023. The tenant shall pay the landlord $6,223.75, which includes rent arrears up to March 3, 2023 and the application filing fee, less the rent deposit, interest on the deposit, and 5 months' rent waived by the landlord. The tenant shall also pay daily compensation of $95.34 for each day of occupation starting March 4, 2023 until the unit is vacated. If the full amount is not paid by March 25, 2023, the tenant will owe interest at 5% annually on the outstanding balance.