Auger v Erwin

Landlord wins · Hamilton · 2023-11-10

Adjudicator

André-Paul Baillargeon-Smith

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

R.A.

Tenant

E.E.

Landlord rep

Paul Startek

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 still in possession of the rental unit at the time of the hearing.

The ruling

The tenancy is terminated effective November 21, 2023 unless the Tenant pays $6,963.40 to void the order and continue the tenancy. If the Tenant does not pay the full amount, they must vacate the unit by November 21, 2023 and pay the Landlord $3,417.09, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.