Hamilton Manor Apartments v Owen

Landlord wins · Hamilton · 2021-04-29

Adjudicator

Peter Pavlovic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Hamilton Manor Apartments

Tenant

T.O.

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 tenant was in possession of the rental unit when the application was filed.

The ruling

The tenancy is terminated effective May 10, 2021. The tenant must pay the landlord $4,027.70, which includes rent arrears up to April 29, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The tenant must also pay $44.38 per day for compensation for use of the unit starting April 30, 2021 until the tenant moves out. If the tenant does not pay the full amount by May 10, 2021, the tenant will start owing interest at 2% annually on the outstanding balance.