McConkey v McConkey

Landlord wins · Cornwall · 2024-08-01

Adjudicator

Donna Adams

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

K.M., T.E.O.K.M.

Tenant

R.M., K.F.

Landlord rep

M. Beaupre

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 had vacated the rental unit on April 27, 2022, prior to the final hearing date.

The ruling

The tenancy was terminated effective April 27, 2022, the date the tenants vacated the rental unit. The tenants are ordered to pay $4,165.80 to the landlord, which includes rent arrears up to the move-out date, the cost of filing the application, and a rent abatement of $2,485.35 for the period from February 16, 2022 to April 27, 2022 due to the landlord's failure to properly address the maintenance issues following the kitchen fire.