Homestead Land Holdings Limited v Lipnicky

Landlord wins · Hamilton · 2023-04-17

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Homestead Land Holdings Limited

Tenant

A.L.

Landlord rep

Lee-Anne Thibert

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 Tenant was still in possession of the rental unit at the time of the hearing.

The ruling

The tenancy will be terminated on April 28, 2023 unless the Tenant pays $7,810.68 to void the order. If the Tenant does not void the order, the Tenant must pay the Landlord $5,377.02, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenant must also pay daily compensation of $39.73 for continued occupation of the unit starting March 31, 2023.