Cityhousing Hamilton Corporation v Vanda Lee Van Fleet

Landlord wins · Hamilton · 2022-02-07

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

C.H.C.

Tenant

V.L.V.F.

Landlord rep

Sharon Churcher

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 had not vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective February 18, 2022. The Tenant must pay the Landlord $3,884.40, which includes rent arrears up to February 7, 2022 and the cost of filing the application, less the $2,796 the Tenant paid. The Tenant must also pay $37.48 per day for compensation for use of the unit from February 8, 2022 until the Tenant moves out. If the Tenant does not pay the full amount by February 18, 2022, the Tenant will owe interest. If the unit is not vacated by February 18, 2022, the Landlord may file the order with the Sheriff for enforcement.