Sunnydale Holdings Ltd. v Berry

Landlord wins · Waterloo · 2021-12-01

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Sunnydale Holdings Ltd.

Tenant

J.B.

Landlord rep

Benjamin Burke

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 tenant had not vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective December 12, 2021 unless the tenant pays $8,391.87 to the landlord or to the Board in trust by that date, in which case the eviction order will be void and the tenant can remain in the unit. If the full amount is not paid by December 12, 2021, the tenant must pay the landlord $4,586.75 plus $60.82 per day starting December 2, 2021 until the tenant vacates, and the landlord may file the order with the Court Enforcement Office for enforcement.