Korber v Wilson

Landlord wins · Hamilton · 2024-03-28

Adjudicator

Colin Elsby

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

J.K., D.K.

Tenant

T.W., C.Q.

Landlord rep

Kelly Hawkes

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.

The ruling

Unless the Tenant voids the order by paying $28,609.11 by March 31, 2024 or $30,633.48 by April 8, 2024, the tenancy will be terminated. If the Tenant does not void the order, they must pay the Landlord $23,455.25, 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. The Tenant must also pay compensation of $66.55 per day for use of the unit starting February 15, 2024 until they move out.