Rozario v Roy

Landlord wins · Hamilton · 2021-08-31

Adjudicator

Nicola Mulima

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Persistent late payment of rent (N8)

Amount

<$5K

Landlord

M.R.

Tenant

J.R., S.M.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlord served a valid N8 notice for persistent late payment of rent, and the Tenants did not void the notice by paying the arrears. The Tenants had not paid the full rent owed from April 2020 to July 2021.

The ruling

The tenancy is terminated effective September 11, 2021. The Tenants must pay the Landlord $4,780.83, which includes rent arrears and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenants must also pay $46.68 per day for compensation for use of the unit starting September 1, 2021 until they move out. If the Tenants do not pay the full amount by September 11, 2021, they will owe interest at 2% annually on the outstanding balance.