Cityhousing Hamilton v Casey

Landlord wins · Hamilton · 2021-05-11

Adjudicator

Dawn King

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

C.H.

Tenant

M.C.

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 paid the full rent owed from January 1, 2020 to November 30, 2020.

The ruling

The tenancy is terminated effective May 22, 2021. The tenant must pay the landlord $10,214.62, which includes rent arrears up to May 11, 2021 and the cost of filing the application, minus the amount the tenant paid after the application was filed. The tenant must also pay $34.48 per day for compensation for use of the unit starting May 12, 2021 until the tenant moves out. If the full amount is not paid by May 22, 2021, the tenant will owe interest and the landlord can file the order with the Sheriff to enforce the eviction.