Birch Tree Developments (16 Cannon) v Blaze Jones

Landlord wins · Hamilton · 2021-08-17

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Birch Tree Developments (16 Cannon)

Tenant

B.J.

Landlord rep

Lisa L. Barder

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 ruling

The tenancy is terminated effective August 28, 2021. The Tenant must pay the Landlord $11,061.79, which represents the amount of rent owing and compensation up to August 17, 2021, plus $31.23 per day for compensation for the use of the unit starting August 18, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by August 28, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by August 28, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenant may make a motion to the Board under subsection 74(11) of the Act to set aside this order if they pay the required amount on or after August 29, 2021 but before the Sheriff gives vacant possession to the Landlord.