Hamilton v Benoit, Ritchie
Landlord wins · Durham · 2021-07-05
- Adjudicator
- Elizabeth Usprich
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- J.H.
- Tenant
- D.B., N.R.
- Landlord rep
- Heather Hackett
- Tenant rep
- Cedric Schelkle
What happened
Landlord 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.
The ruling
The tenancy is terminated effective July 31, 2021. The Tenants must pay the Landlord $2,445.12, which represents the amount of rent owing and compensation up to July 5, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay the Landlord $26.30 per day for compensation for the use of the unit starting July 6, 2021 to the date the Tenants move out of the unit, and $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by July 31, 2021, they 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) so that the eviction may be enforced. If the Tenants pay $4,186.00 to the Landlord or to the Board in trust by July 31, 2021, the order for eviction will be void and the Tenants can remain in the unit.