James Selkirk v Jeff Toye

Landlord wins · Kingston · 2023-05-08

Adjudicator

Peter Pavlovic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.S.

Tenant

J.T., K.T.

Landlord rep

James Moak

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 at the time of the hearing.

The ruling

The tenancy will be terminated on May 19, 2023 unless the tenant pays $4,984 to void the order and continue the tenancy. If the tenant does not pay, the tenant must move out by May 19, 2023 and pay the landlord $1,845.92, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.