Pat & Dia Ltd. v Andrews and Porter

Landlord wins · Hamilton · 2021-09-28

Adjudicator

Marie-France Pelletier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Pat & Dia Ltd.

Tenant

J.A., P.P.

Landlord rep

Lorraine Burns

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 tenants had not made any payments since the application was filed.

The ruling

The tenancy is terminated effective October 9, 2021. The Tenants must pay the Landlord $14,232.46, which includes rent arrears up to September 28, 2021 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenants must also pay $46.85 per day in compensation starting September 29, 2021 until they vacate the unit. If the Tenants do not pay the full amount by October 9, 2021, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by October 9, 2021, the Landlord can file the order with the Sheriff for enforcement.