The Effort Trust Company v Monganga

Landlord wins · Hamilton · 2021-09-07

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

The Effort Trust Company

Tenant

G.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 as of the hearing date.

The ruling

The tenancy is terminated effective October 26, 2021. The Tenant must pay the Landlord $1,052.94, which includes rent arrears up to October 5, 2021 less the rent deposit and interest, and $186.00 for the application filing fee. The Tenant must also pay $27.45 per day for compensation for use of the unit starting October 6, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by October 26, 2021, the Tenant will start owing interest and the Landlord can file the order with the Court Enforcement Office for eviction. The Tenant can void the eviction order by paying $2,686.00 on or before October 26, 2021.