Evictly

Smithrim v Wilson

Landlord wins · Kingston · 2024-01-22

Adjudicator
Brenda Mercer
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$5-10K
Landlord
B.S., L.G.
Tenant
E.W.

What happened

Landlords 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

Unless the Tenant voids the order by paying $9,336 by January 31, 2024 or $10,636 by February 2, 2024, the tenancy will be terminated. If the Tenant does not void the order, they must pay $8,377.92 to the Landlords, which includes rent arrears up to the hearing date and the cost of filing the application.