Yang v Ballagh

Landlord wins · Hamilton · 2021-11-22

Adjudicator

Ian Speers

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

M.Y., J.J.Z.

Tenant

B.B., K.T., L.B.T.

Landlord rep

Junjun (June) Zhang

What happened

Landlords applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.

The ruling

The tenancy is terminated effective December 22, 2021. The Tenants must pay the Landlords $2,560.41, which includes rent arrears up to November 22, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $61.55 per day for compensation for use of the unit starting November 23, 2021 until they move out. If the Tenants do not pay the full amount by December 22, 2021, they will owe interest starting December 23, 2021. If the unit is not vacated by December 22, 2021, the Landlords may file the order with the Sheriff for enforcement.