Caruso v Warner

Landlord wins · Hamilton · 2022-01-04

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

S.C.

Tenant

L.W., T.E.O.S.W.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants had not paid rent from May 1, 2021 to December 31, 2021.

The ruling

The tenancy is terminated effective January 15, 2022. The Tenants must pay the Landlord $8,690.96 in rent arrears and application costs, plus $42.74 per day in compensation starting January 5, 2022 until they vacate the unit. If the Tenants do not pay the full amount by January 15, 2022, they will owe interest, and the Landlord can file the order for enforcement. The Tenants can void the order by paying $9,576 by January 8, 2022 or $9,876 by January 15, 2022.