Mazzuca v Varty

Landlord wins · Hamilton · 2022-01-17

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

L.M., R.M.

Tenant

M.V., K.V.

Tenant rep

Tenant Duty Counsel

What happened

Landlords 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 February 16, 2022. The Tenants must pay $7,311.45 to the Landlords, which includes rent arrears up to January 17, 2022 and the cost of filing the application. The Tenants must also pay $52.60 per day for compensation for use of the unit starting January 18, 2022 until they move out. If the Tenants do not pay the full amount by February 16, 2022, they will owe interest, and the Landlords can file the order for enforcement.