Cornerstone Select Properties v Berry

Landlord wins · Hamilton · 2021-11-02

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Cornerstone Select Properties

Tenant

E.B.

Landlord rep

V. Kocalev

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 November 13, 2021. The Tenant must pay the Landlord $2,328.81, 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 $21.60 per day for compensation for use of the unit starting November 3, 2021 until the Tenant moves out. If the Tenant pays $3,788.00 on or before November 13, 2021, the eviction order will be void and the tenancy will continue.