Evictly

Yin v Mckay

Landlord wins · Windsor · 2024-01-04

Adjudicator
Brenda Mercer
Dispute
Non-payment of Rent, Persistent Late Payment
Notice
Non-payment of rent (N4)
Amount
$10-20K
Landlord
N.Y., NF PROPERTY MANAGEMENT
Tenant
W.M., N.S., R.M.
Landlord rep
Shanti Pal Ramos

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlords served valid N4 Notice, and the Tenants did not void the notice by paying the arrears. The Tenants were still in possession of the rental unit on the hearing date.

The ruling

Unless the Tenants void the order by paying $14,475 on or before January 15, 2024, the tenancy is terminated. If the Tenants do not void the order, they must pay the Landlords $11,598.38, which includes rent arrears up to the hearing date and the application filing fee, minus the rent deposit and interest on the deposit. The Tenants must also pay daily compensation of $28.31 for each day of occupation starting November 21, 2023, until they move out.