Pat & Dia Ltd. v Phoenix Rideout

Landlord wins · Hamilton · 2021-04-06

Adjudicator

Shannon Kiekens

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Pat & Dia Ltd.

Tenant

P.R.

Landlord rep

Lorraine Burns

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears.

The ruling

The tenancy is terminated effective April 17, 2021. The Tenant must pay the Landlord $4,248.58, which includes rent arrears up to April 6, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $37.81 per day for compensation for use of the unit starting April 7, 2021 until the Tenant moves out. If the Tenant pays $6,536 on or before April 17, 2021, the eviction order will be void and the Tenant can remain in the unit.