Killam Apartment REIT v Sydney Mcrae

Landlord wins · Kanata · 2023-07-04

Adjudicator

Lisa Del Vecchio

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

K.A.R.

Tenant

S.M., C.L., R.L.

Landlord rep

Donna Dames

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant did not void the N4 notice by paying the rent arrears. Christopher Lysen had vacated the unit in May 2022 but remained liable under the lease agreement. Ronald Lysen was a co-signor/guarantor, not a tenant.

The ruling

The tenancy is terminated unless the Tenant pays $14,097.18 by July 31, 2023 to void the order. If the Tenant does not void the order, they must vacate by July 31, 2023 and pay the Landlord $9,468.41 in rent arrears and application fees, less the rent deposit and interest.