The Effort Trust Company v Guitard

Landlord wins · Hamilton · 2021-11-23

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

The Effort Trust Company

Tenant

D.G.

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 by the hearing date.

The ruling

The tenancy is terminated effective December 4, 2021. The Tenant must pay the Landlord $657.13, which includes rent arrears up to the termination date, compensation for use of the unit after the termination date, and the cost of filing the application, less the rent deposit and interest owed on the deposit. If the Tenant does not pay the full amount by December 4, 2021, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by December 4, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant can void the order and continue the tenancy by paying $1,680.00 by November 30, 2021 or $2,417.00 by December 4, 2021.