Do v Munday

Landlord wins · St Catharines · 2024-04-05

Adjudicator

Curtis Begg

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

T.D.D.

Tenant

T.M., T.C.

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. The tenants were still in possession of the rental unit on the hearing date.

The ruling

Unless the Tenant voids the order by paying $26,189.02 on or before April 16, 2024, the tenancy will be terminated. If the tenant does not void the order, the tenants are ordered to pay $24,659.66 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application. The tenants must also pay $46.58 per day for use of the unit starting March 29, 2024 until they move out.