Malik v Tomchuk

Landlord wins · Hamilton · 2022-10-18

Adjudicator

Jagger Benham

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

J.M.

Tenant

C.J.T., J.C.T.

Landlord rep

Joshua Tunney

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 $43,186 on or before October 29, 2022 to void the order and continue the tenancy. If the Tenants do not pay this amount, they must move out by October 29, 2022 and pay $35,186 to the Landlord, which includes rent arrears and the application filing fee.