R and B Properties v Hershkowitz

Landlord wins · Hamilton · 2022-10-17

Adjudicator

John Cashmore

Dispute

Non-payment of Rent, Substantial interference

Notice

Non-payment of rent (N4), Persistent late payment (N5)

Amount

$10-20K

Landlord

R and B Properties

Tenant

M.H.

Landlord rep

Francisco Gomez, Maria Vonic

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent and substantial interference with the reasonable enjoyment of the residential complex by other tenants. The Landlord served a valid N4 Notice for non-payment of rent and a voidable N5 Notice for substantial interference. The Tenant did not void the notices or attend the hearing.

The ruling

The tenancy is terminated effective October 28, 2022. The Tenant must pay the Landlord $12,320.35, which includes rent arrears, daily compensation, and application filing fees, minus the rent deposit and interest. If the Tenant does not pay the full amount by October 28, 2022, the Tenant will owe interest at 4% annually on the outstanding balance. If the unit is not vacated by October 28, 2022, the Landlord may file the order with the Court Enforcement Office for enforcement.