Shuttleworth v Murrell

Landlord wins · Niagara Falls · 2020-11-02

Adjudicator

Jana Rozehnal

Dispute

Damage to Property, Persistent Late Payment, Purchaser'S Own Use

Notice

Persistent late payment (N8), Purchaser's own use (N12), Wilful or negligent damage (N5)

Amount

<$5K

Landlord

K.S.

Tenant

L.M.

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to persistent late payment of rent, the Landlord's intention to sell the rental unit for the purchaser's own use, and the Tenant's wilful or negligent damage to the premises.

The ruling

The tenancy is terminated effective November 13, 2020. The Tenant must pay the Landlord $877.04 for use of the unit from September 1 to November 2, 2020, less the rent deposit and interest owed on the deposit. The Tenant must also pay $29.26 per day for use of the unit from November 3, 2020 until the Tenant vacates, as well as the $186 application fee. If the Tenant does not pay the full amount by November 13, 2020, interest will accrue at 2% annually on the outstanding balance. The Landlord may file the order with the Sheriff to enforce the eviction if the Tenant does not vacate by November 13, 2020.