Trofimov v Herlihey

Landlord wins · 11 Rosemary Lindsay · 2023-05-25

Adjudicator

Natalie James

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

P.T.

Tenant

J.H., T.G.

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 were still in possession of the rental unit at the time of the hearing.

The ruling

The tenancy will be terminated on June 5, 2023 unless the tenants pay $3,122.85 by May 31, 2023 or $4,819.22 by June 5, 2023 to void the order. The landlord is entitled to daily compensation of $55.77 for the tenant's continued occupation after the hearing date. The landlord owes the tenants $586.07 for the rent deposit and interest.