Nelson v Legate

Landlord wins · Kitchener · 2021-12-01

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

S.N.

Tenant

S.J., V.L.

Landlord rep

Lisa Nadon

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 tenants had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective December 12, 2021. The Tenants must pay the Landlord $6,258.22, which includes rent arrears up to December 1, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $30.22 per day for compensation for use of the unit starting December 2, 2021 until they move out. If the Tenants do not pay the full amount by December 12, 2021, they will start owing interest at 2% annually on the outstanding balance.