Hirmke & Vracar v Mertes

Landlord wins · Cornwall · 2023-11-09

Adjudicator

James Campbell

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

H., V., W.V.

Tenant

M.M., C.G.

Landlord rep

Wolfe Vracar

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 at the time of the hearing.

The ruling

The tenancy will be terminated on November 20, 2023 if the tenants do not pay $12,536 to void the order and continue the tenancy. If the tenancy is terminated, the tenants must pay $10,106.99 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application. The tenants must also pay daily compensation of $31.23 per day for use of the unit starting September 14, 2023 until they move out.