Hamilton Manor Apartments v Josling

Landlord wins · Hamilton · 2021-11-19

Adjudicator

Susan Priest

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Hamilton Manor Apartments

Tenant

D.J., S.A.C.

Landlord rep

David Anton

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 is terminated effective November 30, 2021. The tenants must pay the landlord $5,572.47, plus $60.82 per day starting November 20, 2021 until they vacate the unit. If the tenants pay $8,036 on or before November 30, 2021, the eviction order will be void and the tenancy will continue.