Farruggia v Black

Landlord wins · Hamilton · 2021-07-20

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

A.F.

Tenant

H.B.

Landlord rep

E. Alexander

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 of Termination, which the Tenant did not void by paying the arrears. The Tenant had not vacated the rental unit at the time of the hearing.

The ruling

The tenancy is terminated effective July 31, 2021. The Tenant must pay the Landlord $23,423.51, which represents the rent arrears and compensation up to July 20, 2021, plus $64.11 per day for compensation for the use of the unit starting July 21, 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 owing by July 31, 2021, the Tenant will start to owe interest at 2.00% annually on the outstanding balance. If the unit is not vacated by July 31, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.