Liu and Shan v Bitwayiki

Landlord wins · Hamilton · 2021-11-24

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

D.L., C.S.

Tenant

E.B.

Landlord rep

Lisa Barder

What happened

Landlords 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 15, 2021. The Tenant must pay the Landlords $2,327.16, which represents the rent arrears and application filing fee, less the rent deposit. The Tenant must also pay $17.26 per day for compensation for use of the unit starting November 25, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by December 15, 2021, the Tenant will start owing interest and the Landlords can file the order with the Sheriff to enforce the eviction.