Butera Property Holdings Inc v Banner

Landlord wins · Welland · 2022-02-01

Adjudicator

Dawn Wickett

Dispute

Improper Notice to Vacate, Non-payment of Rent

Amount

<$5K

Landlord

Butera Property Holdings Inc

Tenant

L.B.

Landlord rep

Jennifer Ricci

What happened

Landlord applied for an order requiring Tenant to pay rent owed. The initial order was reviewed due to a serious error in failing to consider whether the Tenant owed rent to the end of January 2021 due to improper notice to vacate. The review hearing determined that the Tenant did not provide proper 60-day notice, and the Landlord was entitled to rent arrears until January 31, 2021.

The ruling

The Landlord's request for review was granted. The Tenant is ordered to pay $1,089.00 in rent arrears up to January 31, 2021, plus $201.00 for the cost of filing the application. The total amount owing is $1,290.00. Interest will be charged at 2.00% annually on any outstanding balance after February 12, 2022.