Wilkialis v Filko

Landlord wins · Hamilton · 2022-02-08

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

B.W., F.W.

Tenant

S.F.

What happened

Landlords 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 February 19, 2022. The Tenant must pay the Landlords $3,688.33, which includes rent arrears up to February 8, 2022, less the rent deposit and interest on the deposit. The Tenant must also pay $21.17 per day for compensation for use of the unit from February 9, 2022 until the Tenant moves out, as well as the $186.00 application fee. If the Tenant does not pay the full amount by February 19, 2022, the Tenant will start owing interest and the Landlords can file the order with the Sheriff to enforce the eviction.