Magliaro v Nissen

Landlord wins · Chatham · 2020-12-30

Adjudicator

Dawn Wickett

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

M.M.

Tenant

S.S.N.

Landlord rep

Audrey Skinner

Tenant rep

Tenant Duty Counsel

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 ruling

The tenancy is terminated effective January 31, 2021. The Tenant must pay the Landlord $7,670.79, which represents the rent arrears and compensation up to December 30, 2020, less the rent deposit and interest owed on the deposit. The Tenant must also pay $27.95 per day for compensation for the use of the unit starting December 31, 2020 until the Tenant moves out. The Tenant must also pay the $175.00 application filing fee. If the Tenant does not pay the full amount by January 10, 2021, the Tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by January 31, 2021, the Landlord may file the order with the Sheriff for enforcement.