Mcdonnell and Lang v Mcutchean aka Mcleary aka Cleary

Landlord wins · Cornwall · 2022-01-07

Adjudicator

Dawn King

Dispute

Non-payment of Rent, Substantial interference

Notice

Non-payment of rent (N4), Persistent late payment (N5)

Amount

$10-20K

Landlord

W.L., J.M.

Tenant

B.A.B.M.A.B.M.A.B.C.

Landlord rep

Denis Sabourin

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Landlords also applied based on a Notice of Termination (N5) served on the Tenant for substantially interfering with the reasonable enjoyment of the residential complex.

The ruling

The tenancy is terminated effective January 18, 2022. The Tenant must pay the Landlords $14,604.76 (less any rent paid after October 20, 2021), plus $29.59 per day starting January 8, 2022 until the Tenant vacates. If the Tenant pays $16,401 (less any rent paid after October 20, 2021) by January 18, 2022, the eviction order will be void and the tenancy will continue.