Choi v Legault

Landlord wins · St. Catharines · 2021-01-15

Adjudicator

Lorraine Mathers

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

P.C., V.C.

Tenant

F.L., J.N.P.

Landlord rep

J. Callender

What happened

Landlords 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 in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective January 26, 2021. The Tenants must pay the Landlords $13,002.65, which includes rent arrears up to January 15, 2021, less the rent deposit and interest owed on the deposit. The Tenants must also pay $60.82 per day for compensation for use of the unit starting January 16, 2021 until they move out, and $186 for the application filing fee. If the Tenants do not pay the full amount by January 26, 2021, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by January 26, 2021, the Landlords can file the order with the Sheriff to enforce the eviction.