Interrent v Musselman
Landlord wins · Hamilton · 2021-04-20
- Adjudicator
- Vladimir Nikitin
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- I.
- Tenant
- A.M.
- Landlord rep
- Daniel Abraham
- Tenant rep
- Duty Counsel
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 temporarily moved out of the rental unit in Fall 2020 when rent was not being paid.
The ruling
The tenancy is terminated effective May 31, 2021. The Tenant must pay $14,185.52 to the Landlord, which includes rent arrears up to April 20, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenant must also pay $72.54 per day for compensation for use of the unit starting April 21, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by May 8, 2021 or May 31, 2021, the Landlord may file the order with the Sheriff to enforce the eviction.