Dms (formerly Fengate) v Echlin

Landlord wins · Hamilton · 2021-03-02

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

D.F.F.

Tenant

D.E., J.S.

Landlord rep

Calcagni F.

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 vacated the rental unit on September 8, 2022, prior to the hearing date.

The ruling

The tenancy was terminated effective March 31, 2021. The tenants are ordered to pay $9,577.36 to the landlord, which includes rent arrears up to March 2, 2021 and the cost of filing the application. The tenants must also pay $32.81 per day for compensation for the use of the unit starting March 3, 2021 until they move out. If the tenants pay $10,741.00 on or before March 31, 2021, the eviction order will be void and the tenancy will continue.