DMS Property Management Ltd. v Svab

Landlord wins · Hamilton · 2021-11-12

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

DMS Property Management Ltd.

Tenant

M.R.S.

Landlord rep

Frank Calcagni

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant 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 Tenant did not void by paying the arrears. The Tenant had not vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective December 31, 2021. The Tenant must pay the Landlord $402.68, which includes rent arrears up to November 12, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenant must also pay $27.52 per day for compensation for use of the unit starting November 13, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by December 31, 2021, the Tenant will owe interest starting January 1, 2022. If the unit is not vacated by December 31, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement.