The Effort Trust Company v Holditch

Landlord wins · Hamilton · 2024-03-18

Adjudicator

Trish Carson

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

The Effort Trust Company

Tenant

R.H., V.H.

Landlord rep

Kimberly Holleran

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenants 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 Tenants did not void by paying the arrears. The Tenants were still in possession of the rental unit on the hearing date.

The ruling

Unless the Tenant voids the order by paying $4,511 on or before March 29, 2024, the tenancy is terminated. If the Tenant does not void the order, the Tenant must pay the Landlord $1,809.34, which includes rent arrears, application fee, and NSF charges, minus the rent deposit and interest. The Tenant must also pay daily compensation of $48.56 starting March 7, 2024 until the Tenant moves out.