Q Res V Operating LP v Daye

Landlord wins · St Catharines · 2023-04-17

Adjudicator

Maria Shaw

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Q Res V Operating LP

Tenant

K.D.

Landlord rep

Sabrina Sciulli, Gwen Oldershaw

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 on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $8,365.24 to void the order by April 28, 2023. If the Tenant does not pay, the Tenant must move out by April 28, 2023 and pay the Landlord $3,586.82, which includes rent arrears and the application filing fee, minus the rent deposit and interest.