DMS Property Management Ltd v Illie, Grabawe

Landlord wins · Hamilton · 2021-07-13

Adjudicator

Shannon Kiekens

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

DMS Property Management Ltd

Tenant

M.I., S.K.E.G.

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 July 24, 2021. The Tenants must pay the Landlord $6,716.42, which includes rent arrears up to July 13, 2021 and the cost of filing the application, less the rent deposit and interest on the deposit. The Tenants must also pay $32.81 per day for compensation for use of the unit starting July 14, 2021 until they move out. If the Tenants pay $8,487.48 on or before July 24, 2021, the eviction order will be void and the tenancy will continue.