Homestead Land Holdings Limited v Caines

Landlord wins · Ajax · 2021-08-25

Adjudicator

Renee Lang

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Homestead Land Holdings Limited

Tenant

M.B.C.

Landlord rep

Kimberly Adams

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 vacated the rental unit at the time of the hearing.

The ruling

The tenancy is terminated effective September 5, 2021. The tenant must pay the landlord $11,237.14, which represents the amount of rent owing and compensation up to August 25, 2021, less the rent deposit and interest the landlord owes on the rent deposit. The tenant must also pay the landlord $38.03 per day for compensation for the use of the unit starting August 26, 2021 to the date the tenant moves out of the unit, and $186.00 for the cost of filing the application. If the tenant does not pay the full amount owing by September 5, 2021, the tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by September 5, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.