Do v Kowaleski

Landlord wins · Hamilton · 2021-11-16

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

T.D.

Tenant

C.K.

Landlord rep

Anthony Corso

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 27, 2021. The tenant must pay the landlord $4,491.17, which represents the rent arrears and compensation up to November 16, 2021, plus $16.44 per day for compensation for use of the unit starting November 17, 2021 until the tenant moves out. The tenant must also pay the landlord $186.00 for the cost of filing the application. If the tenant does not pay the full amount owing by November 27, 2021, the tenant will start to owe interest at 2.00% annually on the outstanding balance. If the unit is not vacated by November 27, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. If the tenant pays $4,896.00 to the landlord or the Board in trust by November 27, 2021, the eviction order will be void and the tenancy will continue.