30 Duke St. Limited v Arnold

Landlord wins · Kitchener · 2021-12-23

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

30 Duke St. Limited

Tenant

S.A.

Landlord rep

Julian Shumka

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 ruling

The tenancy is terminated effective January 14, 2022. The Tenant must pay the Landlord $2,874.57, which includes rent arrears up to December 23, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $38.63 per day for compensation for the use of the unit starting December 24, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by January 14, 2022, the Tenant will start to owe interest at 2.00% annually on the outstanding balance. If the unit is not vacated by January 14, 2022, the Landlord may file the order with the Court Enforcement Office for enforcement.