Xiong v Heintzman

Landlord wins · Ottawa · 2020-09-08

Adjudicator

Dawn Sullivan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Z.M.X.

Tenant

A.H., A.H.

Landlord rep

Amri Murray

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant had not vacated the rental unit at the time of the hearing.

The ruling

The tenancy is terminated effective September 19, 2020. The tenant must pay the landlord $13,453.82, which represents the rent arrears and compensation up to September 8, 2020, less the rent deposit and interest owed on the deposit. The tenant must also pay $60.82 per day for compensation for the use of the unit starting September 9, 2020 until the tenant moves out, and $175.00 for the cost of filing the application. If the tenant does not pay the full amount by September 19, 2020, the tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by September 19, 2020, the landlord may file the order with the Court Enforcement Office for enforcement. The tenant can void the eviction order by paying $16,825.00 to the landlord or the Board in trust on or before September 19, 2020.