Kaye Healy Homes v Mona Rashan

Landlord wins · Kingston · 2021-10-22

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Kaye Healy Homes

Tenant

M.R.

Landlord rep

Michelle McCaugherty

Tenant rep

Duty Counsel

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 ruling

The Landlord's application for eviction is denied on the condition that the Tenant pays the outstanding rent arrears and costs in two installments by December 12, 2021, and also pays the rent for November and December 2021 in full by the first of each month. If the Tenant fails to make any of the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.