Lavrnic v Atlee

Landlord wins · Hamilton · 2023-05-08

Adjudicator

Camille Clyne

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

$10-20K

Landlord

V.L.

Tenant

M.A., R.A.

Landlord rep

Jordan Nieuhof

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord served a valid N8 notice on May 19, 2022, alleging the Tenants paid rent late 14 times from April 2021 to May 2022. The Tenants continued to pay rent late every month from June 2022 to April 2023.

The ruling

The tenancy is terminated effective May 19, 2023. The Tenants must vacate the unit by this date. If they do not, the Landlord can file the order with the Sheriff to enforce the eviction. The Tenants must pay the Landlord $10,450.17, which includes compensation for use of the unit from August 2022 to April 2023, less the rent deposit and interest owed on the deposit. The Tenants must also pay the Landlord $48.49 per day for use of the unit from April 6, 2023 until they move out, as well as the $186 application fee.