Oonuhseh Niagara Native Homes Inc. v Lavalley

Landlord wins · St Catharines · 2021-08-31

Adjudicator

Sandra Macchione

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Oonuhseh Niagara Native Homes Inc.

Tenant

J.L.

Landlord rep

Antonio Caruso

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 not present or represented at the hearing.

The ruling

The tenancy is terminated effective September 11, 2021. The Tenant must pay the Landlord $7,420.68, which represents the rent arrears up to August 31, 2021, plus $186 for the application filing fee. The Tenant must also pay $38.20 per day for compensation for use of the unit starting September 1, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by September 11, 2021, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by September 11, 2021, the Landlord may file the order with the Sheriff for enforcement.