Heeralal v Wolfarth

Landlord wins · Hamilton · 2022-02-01

Adjudicator

Sonia Anwar-Ali

Dispute

Personal use

Notice

Personal use (N12)

Amount

<$5K

Landlord

N.H.

Tenant

R.H.W.

Landlord rep

Kimberly Holleran

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant because the Landlord requires possession of the rental unit for the purpose of residential occupation. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.

The ruling

The tenancy is terminated effective October 31, 2021. The Tenant must move out by February 12, 2022. The Tenant shall pay the Landlord $875.67 for compensation for use of the unit from November 1, 2021 to February 1, 2022, less the rent deposit and interest. The Tenant shall also pay the Landlord $14.79 per day for compensation for use of the unit from February 2, 2022 until the Tenant moves out. If the Tenant does not pay the full amount by February 12, 2022, the Tenant will owe interest at 2% annually on the outstanding balance.