Cityhousing Hamilton Corporation v Layne

Landlord wins · Hamilton · 2021-12-01

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

C.H.C.

Tenant

M.L.

Landlord rep

Katherine MacIntyre

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 had not vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective December 18, 2021. The tenant must pay the landlord $1,497.65, which includes rent arrears up to December 7, 2021 and the cost of filing the application, less the $2,624.00 the tenant paid after the application was filed. The tenant must also pay $9.67 per day for compensation for use of the unit starting December 8, 2021 until the tenant moves out. If the full amount is not paid by December 18, 2021, the tenant will owe interest starting December 19, 2021. If the unit is not vacated by December 18, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.