Hill v Malinouski

Landlord wins · Brantford · 2021-06-22

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

K.M.

Tenant

B.H.

Landlord rep

Wenda Allicock

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 3, 2021. The tenant must pay the landlord $6,400.53, which represents the rent arrears and compensation up to June 22, 2021, plus $41.04 per day for compensation for the use of the unit starting June 23, 2021 until the tenant moves out. The tenant must also pay the landlord $186.00 for the cost of filing the application. If the tenant does not pay the full amount owing by July 3, 2021, the tenant will start to owe interest at 2.00% annually on the outstanding balance. If the unit is not vacated by July 3, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.