Dastous v Ehioghiren

Landlord wins · Hamilton · 2023-12-06

Adjudicator

Frank Ebner

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

$5-10K

Landlord

G.D.

Tenant

U.E.E.

Landlord rep

Victoria Orlandi

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to failure to pay rent on time. The Landlord served a valid N8 notice alleging the Tenant paid rent late 8 times over a 12-month period. The Tenant testified that he paid rent late every month over a 14-month period due to financial difficulties.

The ruling

The tenancy is terminated effective December 17, 2023. The Tenant must pay the Landlord $9,129.06, which includes rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay daily compensation of $46.03 per day starting November 16, 2023 until the Tenant moves out. If the Tenant does not vacate by December 17, 2023, the Landlord can file the order with the Sheriff for enforcement starting January 3, 2024.