DMS Property Management Ltd. v Hosford-Pelchat

Landlord wins · Hamilton · 2022-02-14

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

DMS Property Management Ltd.

Tenant

K.H., N.P., S.L.

Landlord rep

Frank Calcagni

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 ruling

The tenancy is terminated effective March 31, 2022. The Tenants must pay $53.03 to the Landlord, which includes rent arrears up to February 14, 2022 less the rent deposit and interest owed on the deposit. The Tenants must also pay $32.58 per day for compensation for use of the unit from February 15, 2022 until they move out, and $186 for the application filing fee. If the Tenants do not pay the full amount by March 31, 2022, they will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by March 31, 2022, the Landlord can file the order with the Sheriff to enforce the eviction.