City Housing Hamilton Corporation v Furneaux

Landlord wins · Hamilton · 2023-05-08

Adjudicator

Frank Ebner

Dispute

Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Substantial Interference (N5)

Amount

$10-20K

Landlord

C.H.H.C.

Tenant

D.F.

Landlord rep

Sharon Churcher

What happened

The landlord applied for an order to terminate the tenancy and evict the tenant due to non-payment of rent and substantial interference with the reasonable enjoyment of the rental complex. The landlord served the tenant with an N5 notice for substantial interference due to the unit's uncleanliness, which impeded pest control efforts. The tenant did not attend the hearing.

The ruling

The tenancy is terminated effective May 19, 2023. The tenant must pay the landlord $15,187.10, which includes rent arrears and application filing fees. The tenant must also pay daily compensation of $33.90 for each day of occupation starting April 20, 2023 until the unit is vacated. If the tenant does not pay the full amount by May 19, 2023, the landlord may file the order with the Sheriff for enforcement.