Fernandez v Dennis

Landlord wins · Brantford · 2024-08-12

Adjudicator

Dawn Carr

Dispute

Substantial Interference

Notice

N5 notice of termination

Amount

<$5K

Landlord

M.F., D.F.

Tenant

D.D.

Landlord rep

Krystal Campbell

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to the Tenant's failure to pay utility costs as required under the tenancy agreement. The Landlord served the Tenant with an N5 notice of termination, but the Tenant did not void the notice by correcting the issue within the required timeframe.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant due to the Tenant's failure to pay utility costs as required under the tenancy agreement was granted. The Tenant must vacate the rental unit by August 23, 2024. The Tenant is ordered to pay the Landlord $1,024.22 in compensation for use of the unit from January 24, 2023 to January 3, 2024, as well as $54.25 per day from January 4, 2024 until the Tenant vacates the unit. The Landlord is also entitled to $186 for the cost of filing the application. The Landlord owes the Tenant $1,726.65 for the rent deposit and interest, which is deducted from the amount the Tenant owes.