HOMESTEAD LAND HOLDINGS LIMITED v Early

Landlord wins · Hamilton · 2023-02-28

Adjudicator

Kelly Delaney

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

HOMESTEAD LAND HOLDINGS LIMITED

Tenant

R.E.

Landlord rep

Lindsay Feria

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 still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $1,479.77 on or before March 31, 2023 to void the order and continue the tenancy. If the Tenant does not pay, the Tenant must move out by March 31, 2023. The Landlord owes the Tenant $1,818.76 for the rent deposit and interest, but can deduct $44.92 per day for compensation starting February 17, 2023 until the Tenant moves out.