Hamilton Manor Apartments v Orme

Landlord wins · Hamilton · 2021-08-03

Adjudicator

Harry Cho

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Hamilton Manor Apartments

Tenant

L.O.

Landlord rep

D. Anton

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 paid the full rent from December 1, 2020 to June 30, 2021.

The ruling

The tenancy is terminated effective August 14, 2021. The Tenant must pay the Landlord $3,591.15, which includes rent arrears up to August 3, 2021 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $35.28 per day in compensation starting August 4, 2021 until they vacate the unit. If the Tenant pays $5,043.90 on or before August 14, 2021, the eviction order will be void and the tenancy will continue.