Matheson v Hey

Landlord wins · Hamilton · 2023-01-13

Adjudicator

Lynn Mitchell

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

D.M.

Tenant

S.W.H.

Landlord rep

V. Orlandi

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant had not paid rent since January 2022 and was still in possession of the rental unit at the time of the hearing.

The ruling

The tenancy is terminated unless the Tenant voids the order by paying $22,386.00 by January 24, 2023. If not voided, the Tenant must vacate by January 24, 2023, and pay $20,840.10 plus $60.82 per day from January 6, 2023, until move-out. The Landlord may file for eviction enforcement starting January 25, 2023, if the unit is not vacated.