Hamilton v Trites

Landlord wins · Kitchener · 2020-10-05

Adjudicator

Arnab Quadry

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

A.H.

Tenant

J.T.

Landlord rep

Timothy Ellis

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 ruling

The tenancy is terminated effective October 16, 2020. The Tenant must pay the Landlord $1,686.73, which represents the amount of rent owing and compensation up to October 5, 2020, plus $16.44 per day for compensation for the use of the unit starting October 6, 2020 to the date the Tenant moves out. The Tenant must also pay the Landlord $175.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by October 16, 2020, the Tenant will start to owe interest. If the unit is not vacated by October 16, 2020, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. If the Tenant pays $2,275.00 to the Landlord or the Board in trust by October 16, 2020, the eviction order will be void.