Chappell v Lariviere

Landlord wins · Hamilton · 2021-04-13

Adjudicator

Dawn Sullivan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

J.C.

Tenant

A.L.

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 April 24, 2021. The tenant must pay the landlord $4,848.11, which includes rent arrears up to the termination date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenant must also pay $14.30 per day for compensation for use of the unit starting April 25, 2021 until the tenant moves out. If the full amount is not paid by April 24, 2021, the tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by April 24, 2021, the landlord may file the order with the Sheriff for enforcement.