Live Well Property Management v Earle

Landlord wins · Hamilton · 2022-01-17

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Live Well Property Management

Tenant

E.E.

Landlord rep

Matt Christie

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 January 28, 2022. The Tenant must pay the Landlord $14.56, which includes rent arrears up to January 17, 2022, less the rent deposit and interest owed on the deposit. The Tenant must also pay $39.48 per day for compensation for use of the unit starting January 18, 2022 until the Tenant moves out, and $186.00 for the cost of filing the application. If the Tenant does not pay the full amount by January 28, 2022, the Tenant will owe interest. If the unit is not vacated by January 28, 2022, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant can void the eviction order by paying $1,895.35 on or before January 28, 2022.