A.H. Fitzsimmons & Co Ltd v Hayes

Landlord wins · Orleans · 2023-03-23

Adjudicator

Dana Wren

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

A.H. Fitzsimmons & Co Ltd

Tenant

D.H.

Landlord rep

Diane Lavergne

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears. The tenant had not been seen at the rental unit since around October 2022, but no notice to terminate the tenancy was given to the landlord.

The ruling

The tenancy is terminated unless the tenant pays $13,340.40 by March 31, 2023 or $14,807.80 by April 3, 2023 to void the order. If the tenant does not void the order, they must move out by April 3, 2023 and pay the landlord $11,112.52, plus daily compensation of $48.24 starting March 16, 2023.