Dauphney v Turliuk

Landlord wins · Hamilton · 2021-11-23

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

D.D.

Tenant

P.T.T.

Landlord rep

J. Brad Chudyk

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 not present at the hearing.

The ruling

The tenancy is terminated effective December 4, 2021. The Tenant must pay the Landlord $16,875.91, which represents the rent arrears and compensation up to November 23, 2021, plus $29.59 per day for compensation for the use of the unit starting November 24, 2021 until the Tenant moves out. The Tenant must also pay the Landlord $186.00 for the cost of filing the application. If the Tenant does not pay the full amount by December 4, 2021, the Tenant will start to owe interest. If the unit is not vacated by December 4, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement.