R and B Properties v Perry and Thompson

Landlord wins · Hamilton · 2021-11-23

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

R and B Properties

Tenant

A.P., G.T.

Landlord rep

Randy Dalton

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 as of the hearing date.

The ruling

The tenancy is terminated effective December 4, 2021. The Tenants must pay the Landlord $2,015.82, which includes rent arrears up to November 23, 2021 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenants must also pay $37.82 per day for use of the unit from November 24, 2021 until they vacate. If the Tenants do not pay the full amount by December 4, 2021, the Landlord may file the order with the Sheriff to enforce the eviction.