Kemp v Larabie, Hawkes

Landlord wins · Hamilton · 2021-10-12

Adjudicator

Peter Pavlovic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

J.K.

Tenant

A.A.L., B.H.

Landlord rep

Andrew Choubeta

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 tenants had not vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective October 23, 2021. The tenants are ordered to pay $5,829.57 to the landlord, which includes rent arrears up to October 12, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay $26.30 per day for compensation for use of the unit starting October 13, 2021 until they move out. If the full amount is paid by October 23, 2021, the eviction order will be void and the tenancy will continue.