Upper v Smith

Landlord wins · Kitchener · 2021-06-24

Adjudicator

Dawn Sullivan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

K.G., R.F.

Tenant

J.S., M.V.

Landlord rep

Julian Shumka

What happened

Landlords 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 of Termination, which the tenants did not void by paying the arrears. The tenants had vacated the rental unit on November 23, 2020, prior to the hearing date.

The ruling

The tenancy was terminated effective November 23, 2020, the date the tenants vacated the rental unit. The tenants are ordered to pay $4,574.52 to the landlords, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit.