Mercourt Properties Inc v Lomas

Landlord wins · Hamilton · 2020-09-02

Adjudicator

Cristina De Leon-Culp

Dispute

Damage to Property, Non-payment of Rent, Persistent Late Payment, Substantial Interference

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Mercourt Properties Inc

Tenant

E.L., T.L.

Landlord rep

Lucy Bettencourt, Pilar Merelles

Tenant rep

Trinitey Lomas

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to non-payment of rent, wilful or negligent damage to the rental unit, substantial interference with the reasonable enjoyment of the Landlord, and persistent late payment of rent. The Tenant disputed receiving the N4 notice due to issues with the mailbox, but the Board found the Tenant did not receive the notice. However, the Board retained jurisdiction to order payment of rent arrears. The Board found the Tenant wilfully damaged the rental unit by removing the carpet and improperly installing an AC unit, and was persistently late in paying rent.

The ruling

The tenancy is terminated effective September 30, 2020. The Tenant must pay the Landlord $1,695 for damage compensation and $436 for rent arrears and application fees, less the rent deposit and interest. The Tenant shall also pay $28.53 per day for use of the unit from September 1, 2020 until move-out. The eviction is postponed to September 30, 2020 to allow the Tenant and her family more time to find alternative housing.