Masse v Cheekinew

Landlord wins · York · 2023-04-18

Adjudicator

Bryan Delorenzi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

M.C.M.

Tenant

K.D.C.

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 at the time of the hearing.

The ruling

The tenancy will be terminated on May 31, 2023 unless the Tenant pays $17,046 by April 30, 2023 or $19,036 by May 31, 2023 to void the order. If the tenancy is terminated, the Tenant must pay the Landlord $8,300.24, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay daily compensation of $65.42 for each day of occupation starting January 20, 2023.