Fan v Cormack

Landlord wins · Hamilton · 2020-12-15

Adjudicator

Dawn Wickett

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

H.F., W.W.

Tenant

M.C., B.B.

Tenant rep

Brigitte Bleses

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. One of the tenants, Brigitte Bleses, had already moved out of the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective January 5, 2021. The Tenant Meagan Cormack is ordered to pay $3,238.95 to the Landlords, which includes rent arrears up to December 15, 2020 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant is also ordered to pay $60.82 per day for compensation for the use of the unit starting December 16, 2020 until the date the Tenant moves out. If the Tenant does not pay the full amount owing by January 5, 2021, the Tenant will start to owe interest at 2% annually on the outstanding balance.