Mummery v Andres

Landlord wins · St Catharines · 2024-05-28

Adjudicator

Ruth Carey

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

S.M., T.M.

Tenant

M.A., L.L.

What happened

Landlords 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 ruling

The Landlords served a valid N4 notice, and the Tenants did not void it by paying the arrears. The Tenants have consistently failed to pay the lawful monthly rent of $1,500, and a repayment plan is unlikely to succeed. Given the Landlords' financial distress, eviction is warranted, but the order is delayed by one week to allow the Tenants more time to vacate.