Kendale (11-21) Div. v Da Silva

Landlord wins · Hamilton · 2022-01-17

Adjudicator

Michelle Tan

Dispute

Non-payment of Rent, Breach of Conditions

Amount

<$5K

Landlord

K.D.

Tenant

K.D.S., T.D.S.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to meet conditions specified in a previous order (SOL-23149-21) regarding rent payment. Tenants failed to pay the full amount of $348.92 by November 1, 2021, only paying $340.00, which breached the previous consent order.

The ruling

The tenancy is terminated effective January 28, 2022. Tenants must pay $735.44 to the Landlord, representing rent owing up to November 30, 2021, and application fees, less the rent deposit and interest. Additionally, Tenants must pay $32.95 per day from December 1, 2021, until they vacate the unit. If full payment is not made by January 28, 2022, interest will accrue, and the Landlord may enforce eviction through the Court Enforcement Office.