DMS Property Management Ltd. v Mukulova and Balazova

Landlord wins · Hamilton · 2021-06-22

Adjudicator

Michael Di Salle

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 tenants had not vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective July 3, 2021. The Tenants must pay the Landlord $2,728.67, which includes rent arrears up to the termination date 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 from June 23, 2021 until they move out. If the Tenants do not pay the full amount by July 3, 2021, they will start owing interest and the Landlord can file the order with the Sheriff to enforce the eviction.