Mara Investments Incorporated v Puskas

Landlord wins · Hamilton · 2020-12-21

Adjudicator

Arnab Quadry

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Mara Investments Incorporated

Tenant

T.P.

Landlord rep

Peter Miller

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 vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective January 5, 2021. The Tenant must pay the Landlord $3,199.54, which represents the amount of rent owing and compensation up to December 21, 2020, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $24.99 per day for compensation for the use of the unit starting December 22, 2020 to the date the Tenant moves out of the unit, and $175.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by January 1, 2021, the Tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by January 5, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement.