Kemp v Hamm

Landlord wins · Hamilton · 2021-11-23

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

J.K.

Tenant

J.H., L.H.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.

The ruling

The tenancy is terminated effective December 4, 2021. The tenants must pay the landlord $4,978.28, which includes rent arrears up to the termination date and the cost of filing the application, less the rent deposit and interest owed on the deposit. The tenants must also pay $29.60 per day for compensation for use of the unit starting November 24, 2021 until they move out. If the full amount is not paid by December 4, 2021, the tenants will owe interest and the landlord can file the order for enforcement.