Miller v McTaggart

Landlord wins · North Bay · 2022-01-24

Adjudicator

Ian Speers

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.M.

Tenant

C.M.

Landlord rep

Heather Gibson

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 not present at the hearing.

The ruling

The tenancy is terminated effective February 4, 2022. The tenant must move out by that date. The amount of the rent deposit and interest owed to the tenant exceeds the arrears and application fee owed to the landlord by $201.12. The landlord is authorized to offset $31.94 per day for compensation for the tenant's use of the unit starting January 25, 2022 until the tenant moves out, and $186 for the application fee. The tenant can void the order and continue the tenancy by paying $1,157.50 by January 31, 2022 or $2,129 by February 4, 2022.