Caballero v Macintyre

Landlord wins · St Catharines · 2024-02-02

Adjudicator

Bryan Delorenzi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

R.C.

Tenant

W.M.

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 was still in possession of the rental unit on the hearing date.

The ruling

Unless the Tenant voids the order by paying $8,171 by February 13, 2024, the tenancy will be terminated. If the Tenant does not void the order, the Tenant must pay the Landlord $3,727.80, which includes rent arrears up to the hearing date and the application filing fee, minus the rent deposit and interest on the deposit.