Malleum Real Estate Management Corp v Marley
Landlord wins · Hamilton · 2021-06-15
- Adjudicator
- Sandra Macchione
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $5-10K
- Landlord
- Malleum Real Estate Management Corp
- Tenant
- S.M.
- Landlord rep
- Cooper Donmoyer
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 Tenant shall pay the Landlord $7,208.61 as follows: a) $1,219.71 (arrears) on or before the first day of each month for a five-month period starting July 1, 2021 to November 1, 2021; and b) $1,110.06 on or before December 1, 2021. The Tenant shall also pay the Landlord rent owing for the months of July 2021 to December 2021, no later than the first day of each month until the balance of arrears is paid. If the Tenant fails to make any one of the payments in accordance with this order, the outstanding balance of any arrears of rent and costs to be paid by the Tenant to the Landlord pursuant to paragraph 1 of this order shall become immediately due and owing and the Landlord may, without notice to the Tenant apply to the Board pursuant to section 78 of the Act for an order terminating the tenancy and evicting the Tenant and requiring that the Tenant pay any new arrears, NSF fees and related charges that became owing after June 30, 2021.