Baburi v Hutchings

Landlord wins · Ancaster · 2021-12-14

Adjudicator

Camille Tancioco

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

T.B., M.Y.B.

Tenant

B.R.H.

What happened

Landlords 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 vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective January 4, 2022. The Tenant must pay the Landlords $12,596.87, which represents the amount of rent owing and compensation up to December 14, 2021, plus $36.16 per day for compensation for the use of the unit starting December 15, 2021 to the date the Tenant moves out. The Tenant must also pay the Landlords $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by January 4, 2022, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by January 4, 2022, the Landlords may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.