Hamilton Manor Apartments v Caines

Landlord wins · Hamilton · 2021-04-06

Adjudicator

Shannon Kiekens

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Hamilton Manor Apartments

Tenant

K.C.

Landlord rep

David Anton

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 ruling

The tenancy is terminated effective April 17, 2021. The Tenant must pay the Landlord $2,193.32, which includes rent arrears up to April 6, 2021, less the rent deposit and interest owed on the deposit. The Tenant must also pay $42.84 per day for compensation for use of the unit starting April 7, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by April 17, 2021, the Tenant will start owing interest. If the unit is not vacated by April 17, 2021, the Landlord may file the order with the Sheriff for enforcement. The Tenant can void the eviction order by paying $4,098.20 on or before April 17, 2021.