Scapin v Lewis

Landlord wins · Guelph · 2022-01-07

Adjudicator

Dawn King

Dispute

Non-payment of Rent, Wilful or Negligent Damage

Notice

Non-payment of rent (N4), Wilful or Negligent Damage (N5)

Amount

<$5K

Landlord

M.S.

Tenant

B.L.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and wilful or negligent damage to the rental unit or residential complex. The Landlord served a valid Notice of Termination for non-payment of rent, but the second notice for wilful or negligent damage was deemed void as the Landlord did not provide the required first notice.

The ruling

The tenancy is terminated effective January 18, 2022, unless the Tenant pays $3,361 (less any payment made after October 29, 2021) to void the eviction order. The Tenant must also pay $1,737.42 (less any payment made after October 29, 2021) plus $30.25 per day starting January 8, 2022 if the tenancy is terminated.