Searock Investments Limited v Gitonga

Landlord wins · Hamilton · 2021-09-07

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Searock Investments Limited

Tenant

G.G.

Landlord rep

M. Damerchie

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 September 18, 2021. The Tenant must pay the Landlord $3,172.92, which includes rent arrears up to September 7, 2021 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $37.81 per day for use of the unit starting September 8, 2021 until the Tenant vacates. If the Tenant does not pay the full amount by September 18, 2021, the Tenant will owe interest and the Landlord can file the order for enforcement of the eviction.