Killam Apartment REIT v Fortier

Landlord wins · Cambridge · 2022-07-13

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

K.A.R.

Tenant

P.F.

Landlord rep

Laura Groshok

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 was still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $20,287 to void the order by July 24, 2022. If the Tenant does not void the order, the Tenant must pay $14,997.22 to the Landlord, which includes rent arrears, application filing fee, and NSF charges, minus the rent deposit and interest. The Tenant must also pay daily compensation of $78.08 for each day of occupation after the termination date.