Frank Butty Ltd. v Walsh

Landlord wins · Hamilton · 2021-10-22

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Frank Butty Ltd.

Tenant

K.W.

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 tenant was not present at the hearing.

The ruling

The tenancy is terminated effective November 2, 2021. The tenant must pay the landlord $3,569.97, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest owed on the deposit. The tenant must also pay $24.26 per day for compensation for use of the unit starting October 23, 2021 until the tenant moves out. If the tenant does not pay the full amount by November 2, 2021, the tenant will owe interest on the outstanding balance.