Marin Capital Ltd v Jones and Trottier

Landlord wins · Hamilton · 2021-08-03

Adjudicator

Camille Tancioco

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Marin Capital Ltd

Tenant

D.J., S.T.

Landlord rep

Kelly Hawkes

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 August 30, 2021. The Tenants must pay the Landlord $2,607.45, which includes rent arrears up to August 3, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenants must also pay $52.60 per day for compensation for the use of the unit starting August 4, 2021 until they move out. If the Tenants pay $4,986 on or before August 14, 2021 or $6,586 on or before August 30, 2021, they can void the eviction order and continue the tenancy.