HXM Eternal Inc v Freeman

Landlord wins · St Thomas · 2023-02-13

Adjudicator

Margo den Haan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

HXM Eternal Inc

Tenant

K.F., J.Y.

Landlord rep

Xiumei Zheng, Hong Hai Zhang

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 were still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenants pay $3,311.00 by February 28, 2023 or $4,911.00 by March 24, 2023 to void the order and continue the tenancy. If the Tenants do not make the required payment, they must move out by March 24, 2023. The Landlord is authorized to deduct $52.60 per day for compensation for the use of the unit starting January 17, 2023 until the date the Tenants move out.