Cityhousing Hamilton Corporation v Zivcu

Landlord wins · Hamilton · 2021-12-01

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

C.H.C.

Tenant

G.Z.

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 by the hearing date.

The ruling

The tenancy is terminated effective December 18, 2021. The tenant must pay the landlord $8,067.71, which includes rent arrears up to December 7, 2021 and the cost of filing the application. If the tenant does not pay the full amount by December 18, 2021, the tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by December 18, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. If the tenant pays $8,586.00 by December 18, 2021, the eviction order will be void and the tenancy will continue.