Gibson v Hill

Landlord wins · St Catharines · 2021-07-27

Adjudicator

Richard Ferriss

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

M.G., L.G.

Tenant

J.H.

Landlord rep

A. Choubeta

Tenant rep

Tenant Duty Counsel

What happened

Landlords 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 August 31, 2021. The Tenant must pay the Landlords $14,511.61, which represents the amount of rent owing and compensation up to July 27, 2021, less the rent deposit and interest the Landlords owe on the rent deposit. The Tenant must also pay $52.60 per day for compensation for the use of the unit starting July 28, 2021 to the date the Tenant moves out, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by August 31, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by August 31, 2021, the Landlords may file the order with the Court Enforcement Office (Sheriff) for enforcement.