The Effort Trust Company v Pyrke

Landlord wins · Hamilton · 2021-07-19

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

The Effort Trust Company

Tenant

E.P.

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 August 31, 2021. The tenant must pay the landlord $2,753.07, which includes rent arrears up to July 19, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenant must also pay $35.38 per day for compensation for the use of the unit starting July 20, 2021 until the tenant moves out. If the tenant does not pay the full amount by August 31, 2021, the tenant will start to owe interest at 2% annually on the outstanding balance.