The Effort Trust Company v Micks

Landlord wins · Hamilton · 2021-12-14

Adjudicator

Susan Priest

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

The Effort Trust Company

Tenant

N.M.

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 at the time of the hearing.

The ruling

The tenancy is terminated effective December 31, 2021. The tenant must pay the landlord $4,229.68, which represents the rent arrears and compensation up to December 14, 2021, less the rent deposit. The tenant must also pay $25.38 per day for compensation for the use of the unit starting December 15, 2021 until the tenant moves out, as well as $186.00 for the cost of filing the application. If the tenant does not pay the full amount owing by December 31, 2021, the tenant will start to owe interest at 2.00% annually on the outstanding balance starting January 1, 2022. If the unit is not vacated by December 31, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement starting January 1, 2022.