McFeeters v Berry

Landlord wins · Hamilton · 2021-04-20

Adjudicator

Member, Landlord and Tenant Board

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

K.M.

Tenant

Z.D., A.B.

Landlord rep

Joseph Kazubek

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlord served 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 Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.

The ruling

The tenancy is terminated effective May 1, 2021. The Tenants must pay the Landlord $24,724.29, plus $57.53 per day starting April 21, 2021 until they vacate the unit. If the Tenants pay $27,590 on or before May 1, 2021, the eviction order will be void and the tenancy will continue.