Auclair v Dougherty

Landlord wins · Smiths Falls · 2022-07-20

Adjudicator

Anna Solomon

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

M.A.

Tenant

B.D., B.D.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. Landlord served a valid N4 Notice, which Tenants did not void by paying arrears. Tenants were still in possession of the rental unit at the time of the hearing but did not attend.

The ruling

The tenancy is terminated unless Tenants void the order by paying $26,736.00 by July 31, 2022. If not voided, Tenants must move out by July 31, 2022, and pay $25,346.40 plus $52.60 per day from July 5, 2022, until they vacate. Interest at 3% annually applies from August 1, 2022, on any unpaid balance. The Sheriff may enforce eviction from August 1, 2022, if the unit is not vacated.