DMS Property Management Ltd v Mukulova and Balazova

Landlord wins · Hamilton · 2020-11-30

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

DMS Property Management Ltd

Tenant

N.M., S.B.

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 December 11, 2020. The Tenants must pay the Landlord $149.84, which includes rent arrears up to November 30, 2020 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $34.45 per day for compensation for use of the unit starting December 1, 2020 until they move out. If the Tenants do not pay the full amount by December 11, 2020, they will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by December 11, 2020, the Landlord may file the order with the Court Enforcement Office for enforcement.