Cockburn v Lyndon Place Apartments Limited

Landlord wins · Niagara Falls · 2022-01-11

Adjudicator

Sandra Macchione

Dispute

Persistent late payment, Tenant no longer qualifies

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

Lyndon Place Apartments Limited

Tenant

M.C.

Landlord rep

F. McGregor, Kee Fung Anthony Ho

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent and because the Tenant no longer qualifies to live in the rental unit. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.

The ruling

The tenancy is terminated effective January 22, 2022. The Tenant must move out by January 22, 2022 and pay the Landlord $2,502.74 for use of the unit from December 1, 2021 to January 11, 2022, plus $59.59 per day from January 12, 2022 until the Tenant moves out, and $186 for the application filing fee. If the Tenant does not pay the full amount by January 22, 2022, the Tenant will owe interest starting January 23, 2022. If the unit is not vacated by January 22, 2022, the Landlord may file the order with the Sheriff for enforcement.