Hamilton Baptist N/P Homes v Davies

Landlord wins · Hamilton · 2021-07-20

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Hamilton Baptist N/P Homes

Tenant

J.L.D.

Landlord rep

D. 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 was not present at the hearing.

The ruling

The tenancy is terminated effective July 31, 2021. The tenant must pay the landlord $1,395.14, which represents the amount of rent owing and compensation up to July 20, 2021, less the rent deposit and interest the landlord owes on the rent deposit. The tenant must also pay the landlord $49.97 per day for compensation for the use of the unit starting July 21, 2021 to the date the tenant moves out of the unit, and $186.00 for the cost of filing the application. If the tenant does not pay the full amount owing by July 31, 2021, the tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by July 31, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. If the tenant pays $3,286.00 to the landlord or the Board in trust by July 31, 2021, the eviction order will be void and the tenancy will continue.