Frank Butty Ltd. v Janine Anna Maderline Kelley

Landlord wins · Hamilton · 2021-11-19

Adjudicator

Susan Priest

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Frank Butty Ltd.

Tenant

J.A.M.K.

Landlord rep

Kimberly Holleran

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 November 30, 2021. The Tenant must pay the Landlord $2,999.83, which represents the rent arrears and compensation up to November 19, 2021, less the rent deposit and interest owed on the deposit. The Tenant must also pay $24.79 per day for compensation for use of the unit starting November 20, 2021 until the Tenant moves out, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount by November 30, 2021, the Tenant will owe interest starting December 1, 2021. If the unit is not vacated by November 30, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement.