Oketch v Walton

Landlord wins · Whitby · 2021-10-18

Adjudicator

Tavlin Kaur

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

$10-20K

Landlord

C.O., T.O.

Tenant

M.W., S.C.

Landlord rep

Suzanne Bemrose

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlords served a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice) and a Notice to Terminate at End of the Term for Persistent Late Payment of Rent (N8 Notice). The Tenants had vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective October 29, 2021. The Tenants must pay the Landlords $18,279.16, which includes rent arrears, compensation, and charges related to NSF cheques, less the rent deposit and interest owed on the deposit. The Tenants must also pay $53.92 per day for compensation for use of the unit starting October 19, 2021 until they vacate. If the Tenants do not pay the full amount by October 29, 2021, they will owe interest on the outstanding balance.