The Effort Trust Company v Kielbowich

Landlord wins · Hamilton · 2021-11-24

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

The Effort Trust Company

Tenant

C.K.

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 ruling

The tenancy is terminated effective December 31, 2021. The Tenant must move out of the rental unit on or before December 31, 2021. The amount of the rent deposit and interest the Landlord owes on the rent deposit exceeds the arrears of rent and compensation the Landlord is entitled to by $646.04. The Landlord is authorized to offset $30.08 per day for compensation for the use of the unit starting November 25, 2021 to the date the Tenant moves out of the unit, and $186.00 for the cost of filing the application. If the unit is not vacated on or before December 31, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.