Xu v Marrello

Landlord wins · Sault Ste. Marie · 2021-07-22

Adjudicator

Richard Ferriss

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.S.X.

Tenant

J.M., M.L.

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 vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective August 31, 2021. The Tenants must pay the Landlord $1,817.36, which includes rent arrears up to the termination date, less the rent deposit and interest owed on the deposit. The Tenants must also pay $39.45 per day for compensation for use of the unit from July 23, 2021 until they move out, and $186 for the application filing fee. If the Tenants do not pay the full amount by August 31, 2021, they will owe interest starting September 1, 2021. If the unit is not vacated by August 31, 2021, the Landlord can file the order with the Sheriff to enforce the eviction.