IMH Pool XX LP v Ndikumana and Valentin

Landlord wins · Ottawa · 2021-06-15

Adjudicator

Sonia Anwar-Ali

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

IMH Pool XX LP

Tenant

D.N., N.V.

Landlord rep

Fabio Quattrociocchi

What happened

Landlord 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 ruling

The tenancy is terminated effective June 26, 2021. The Tenants must pay the Landlord $5,259.92, which represents the amount of rent owing and compensation up to June 15, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay the Landlord $48.91 per day for compensation for the use of the unit starting June 16, 2021 to the date the Tenants move out of the unit, and $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by June 26, 2021, they will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by June 26, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. If the Tenants pay $7,702.12 to the Landlord or to the Board in trust by June 26, 2021, the eviction order will be void and the tenancy will continue.