BUTERA PROPERTY HOLDINGS INC. v Mayberry

Landlord wins · St Catharines · 2023-01-12

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

BUTERA PROPERTY HOLDINGS INC.

Tenant

C.M.

Landlord rep

Lauren Brace

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 was still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $1,394.82 by January 23, 2023 to void the order and continue the tenancy. If the Tenant does not pay, they must move out by January 23, 2023. The Landlord owes the Tenant $872.15 for the rent deposit and interest, but can deduct $39.84 per day for compensation starting January 5, 2023 until the Tenant moves out.