Fair v DMS Property Management Ltd

Landlord wins · Hamilton · 2021-07-13

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

DMS Property Management Ltd

Tenant

J.F.

Landlord rep

F. 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 vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective July 24, 2021. The Tenant must pay the Landlord $2,988.53 in rent arrears and compensation, plus $201 in application fees, and $9.50 per day in compensation starting July 14, 2021 until the Tenant vacates. If the Tenant pays $3,368 on or before July 24, 2021, the eviction order will be void and the tenancy will continue.