Cityhousing Hamilton v Toner

Landlord wins · Hamilton · 2021-04-20

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

C.H.

Tenant

E.T.

Landlord rep

Katherine MacIntyre

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 ruling

The Landlord's application for eviction of the Tenant is denied on the condition that: (a) The Tenant pays the Landlord $1,290.00 on or before April 30, 2021, which includes the $800.00 payment the Tenant already sent and $490.00 that the parties discussed would be paid on or before April 26; (b) The Tenant pays the Landlord $490.00 a month on or before the 26th of every month for 4 months starting May 26, 2021 and ending August 26, 2021; (c) The Tenant pays the Landlord $475.00 on or before September 26, 2021; (d) The Tenant pays the Landlord the rent for the month of April 2021 in full and on or before April 30, 2021; and (e) The Tenant pays the Landlord the rent for the months of May 2021 to September 2021 in full and on or before the first of each corresponding month. If the Tenant fails to make any of the payments in accordance with the order, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and for the payment of any new arrears of rent and NSF charges not already ordered.