Homestead Land Holdings Limited v Mellamphy

Landlord wins · Sarnia · 2021-11-22

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Homestead Land Holdings Limited

Tenant

M.M.

Landlord rep

Crystal Sankey

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 December 3, 2021. The Tenant must pay the Landlord $935.21, which includes rent arrears up to November 22, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $31.92 per day for compensation for use of the unit starting November 23, 2021 until the Tenant moves out. If the Tenant does not pay the full amount owing by December 3, 2021, the Tenant will start to owe interest. If the unit is not vacated by December 3, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement.