Homestead Land Holdings Limited v Hanlon
Landlord wins · Ottawa · 2021-10-19
- Adjudicator
- Nicola Mulima
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- Homestead Land Holdings Limited
- Tenant
- J.H.
- Landlord rep
- B. Hurst
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 as of the hearing date.
The ruling
Unless the Tenant voids the order as set out below, the tenancy between the Landlord and the Tenant is terminated. The Tenant must move out of the rental unit on or before October 30, 2021. The Tenant must pay the Landlord $5,066.61, which includes rent arrears up to October 19, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $35.18 per day for compensation for use of the unit starting October 20, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by October 30, 2021, the Tenant will owe interest. If the unit is not vacated by October 30, 2021, the Landlord may file the order with the Sheriff for enforcement. If, on or before October 30, 2021, the Tenant pays the amount of $6,698.14** to the Landlord or to the Board in trust, this order for eviction will be void. This means that the tenancy would not be terminated and the Tenant could remain in the unit.