The Effort Trust Company v David Hart Dyke
Landlord wins · Hamilton · 2022-01-04
- Adjudicator
- Diane Wade
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- The Effort Trust Company
- Tenant
- D.H.D.
- Landlord rep
- Kimberly Holleran
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 January 15, 2022. The tenant must pay the landlord $2,033.40, which includes rent arrears up to January 4, 2022 and the cost of filing the application, less the rent deposit and interest on the deposit. The tenant must also pay $23.34 per day for compensation for use of the unit starting January 5, 2022 until the tenant moves out. If the tenant does not pay the full amount by January 15, 2022, the tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by January 15, 2022, the landlord may file the order with the Sheriff to enforce the eviction.