Wilstar Management Ltd. v Treleaven

Landlord wins · Hamilton · 2022-02-08

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Wilstar Management Ltd.

Tenant

W.T.

Landlord rep

Bryan Rubin

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 February 19, 2022. The tenant must pay the landlord $5,664.70, which represents the rent arrears and compensation up to February 8, 2022, less the rent deposit and interest owed on the deposit. The tenant must also pay $42.41 per day for compensation for the use of the unit starting February 9, 2022 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 February 19, 2022, the tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by February 19, 2022, the landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction. The tenant may make a motion to the Board under RTA s.74(11) to set aside the order if the required amount is paid on or after February 20, 2022 but before the Sheriff gives vacant possession to the landlord.