Freckleton v Gorges

Landlord wins · Welland · 2024-07-15

Adjudicator

Ken Audziss

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

O.F.

Tenant

J.G., S.L.F.

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

The ruling

Unless the Tenant voids the order by paying $2,636 by July 31, 2024, the tenancy will be terminated. If the Tenant does not pay, they must move out by July 31, 2024. The Landlord owes the Tenant $1,395.34 for the rent deposit and interest, but can deduct $75.62 per day for compensation starting July 9, 2024 until the Tenant moves out.