Evictly

Woodhaven Properties v Bester and Forward

Landlord wins · Barrie · 2021-04-15

Adjudicator
Dawn King
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$10-20K
Landlord
Woodhaven Properties
Tenant
L.B., S.F.
Landlord rep
Sam Hornung
Tenant rep
Duty Counsel

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. Tenant Bester had vacated the rental unit in January 2020, and Tenant Forward was in possession of the unit.

The ruling

The tenancy was terminated effective March 8, 2021. The tenants are ordered to pay $15,159.11 to the landlord, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest on the deposit. The tenants must also pay $45.80 per day for compensation for use of the unit from February 26, 2021 until they vacate. If the full amount is paid by April 26, 2021, the eviction order will be void and the tenancy can continue.