786 Hamdani Ltd v Chase

Landlord wins · Niagara Falls · 2022-10-20

Adjudicator

Heather Kenny

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

786 Hamdani Ltd

Tenant

K.M., L.C.

Landlord rep

J Corrigan

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 landlord believed the tenants were still in possession on the application date, but the tenants had vacated the unit on April 30, 2022 when the landlord changed the locks.

The ruling

The tenancy was terminated effective April 30, 2022, the date the landlord changed the locks and the tenants lost possession of the rental unit. The tenants are ordered to pay $1,417.43 to the landlord, which includes rent arrears up to the move-out date and the cost of filing the application, minus the rent deposit and interest on the deposit.