Di Tursi Construction Limited v Bill Smith

Landlord wins · Brampton · 2020-11-27

Adjudicator

Dale Whitmore

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Di Tursi Construction Limited

Tenant

B.S.

Landlord rep

C. Corsetti

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 tenant remained in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective December 8, 2020. The tenant must pay the landlord $10,930.96, which includes rent arrears up to November 27, 2020 and the application filing fee, less the rent deposit and interest owed on the deposit. The tenant must also pay $35.84 per day for compensation for use of the unit from November 28, 2020 until the tenant vacates. If the tenant does not pay the full amount by December 8, 2020, the tenant will owe interest and the landlord can file the order for enforcement.