Hamilton Baptist N/P Homes v Davies
Landlord wins · Hamilton · 2021-02-02
- Adjudicator
- Dawn Wickett
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- Hamilton Baptist N/P Homes
- Tenant
- J.D.
- Landlord rep
- Dan Cover
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 vacated the rental unit by the hearing date.
The ruling
The tenancy is terminated effective February 13, 2021. The tenant must pay the landlord $8,572.84, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest on the deposit. The tenant must also pay $49.97 per day for compensation for the use of the unit starting February 3, 2021 until the tenant moves out. If the tenant does not pay the full amount owing by February 13, 2021, the tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by February 13, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The tenant may make a motion to the Board to set aside the order if the tenant pays the required amount on or after February 14, 2021 but before the Sheriff gives vacant possession to the landlord.