Cheung v Mcarthur

Landlord wins · Hamilton · 2023-01-25

Adjudicator

Amanda Kovats

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

S.C., A.S.

Tenant

A.M.

Landlord rep

Lisa Barder

What happened

Landlords 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 on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $25,852 by 2023-01-31 or $27,370 by 2023-02-05 to void the order and continue the tenancy. If the Tenant does not void the order, they must pay $23,567.48 to the Landlord and vacate the unit by 2023-02-05. The Tenant will also owe daily compensation of $49.91 starting 2023-01-17 until they vacate.