Phaothai v Gera

Landlord wins · Hamilton · 2022-02-28

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

S.P.

Tenant

J.G., E.G.

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 vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective March 11, 2022. The Tenants must pay the Landlord $6,882.78, which includes rent arrears up to February 28, 2022 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $56.88 per day for compensation for use of the unit starting March 1, 2022 until they move out. If the Tenants do not pay the full amount by March 11, 2022, they will start owing interest and the Landlord can file the order with the Sheriff to enforce the eviction.