1539 Barton Inc v Asselstine

Landlord wins · Hamilton · 2021-04-20

Adjudicator

Dawn Sullivan

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

1539 Barton Inc

Tenant

B.A.

Landlord rep

Jackie Struthers

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent and persistent late payment of rent. The Landlord served 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 ruling

The tenancy is terminated effective May 1, 2021. The Tenant must pay the Landlord $6,920.74, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $19.22 per day for compensation for use of the unit starting April 21, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by May 1, 2021, the Tenant will owe interest at 2% annually on the outstanding balance.