Cercone v Clapham

Landlord wins · Hamilton · 2025-07-04

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

N.C.

Tenant

M.C.

What happened

The Landlord applied for the termination of the tenancy and eviction of the Tenant due to persistent non-payment of rent. Despite receiving a valid N4 notice, the Tenant failed to pay the arrears before the application was filed. Although the Tenant made significant payments totaling $7,100.00 since the application was filed, substantial arrears remained at the time of the hearing. The Tenant did not attend the hearing to provide evidence or request relief.

The ruling

The tenancy is terminated effective July 15, 2025, unless the Tenant pays $7,086.00 to void the order by that date. If the Tenant does not pay, they must move out, and the Landlord is awarded $1,835.57 plus daily compensation of $77.26 until the unit is vacated. The eviction may be enforced by the Sheriff on or after July 16, 2025.