DMS Property Management Ltd v Fernandez

Split/Other wins · Hamilton · 2021-05-04

Adjudicator

Donald MacVicar

Dispute

Persistent Late Payment

Notice

Persistent late payment (N8)

Amount

<$5K

Landlord

DMS Property Management Ltd

Tenant

A.F., C.F.

Landlord rep

Frank Calcagni

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to persistent late payment of rent. The Landlord also claimed compensation for each day the Tenants remained in the unit after the termination date.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenants pay the full monthly rent on or before the first day of each month, commencing June 1, 2021 and for 11 months thereafter up to and including May 1, 2022. If the Tenants fail to comply with this condition, the Landlord may apply for an order terminating the tenancy and evicting the Tenants. The Tenants are ordered to pay the Landlord $190.00 for the cost of filing the application. If the Tenants do not pay the filing fee by June 17, 2021, they will start to owe interest at 2% annually on the outstanding balance.