Ruscitti v Valdes

Landlord wins · St. Catharines · 2024-02-14

Adjudicator

Kevin O'Brien

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

J.G.R.

Tenant

C.V., A.S., C.O., J.V.

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 Tenants void the order by paying $5,610.50 on or before February 25, 2024, the tenancy will be terminated. If the Tenants do not void the order, they must pay the Landlord $1,213.29, which includes rent arrears up to the hearing date and the application filing fee, minus the rent deposit and interest on the deposit. The Tenants must also pay daily compensation of $65.75 for each day of occupation starting January 26, 2024, until they move out.