Malleum Real Estate Management Corp v Mthombeni
Split/Other wins · Hamilton · 2021-05-04
- Adjudicator
- Donald MacVicar
- Dispute
- Persistent Late Payment
- Notice
- None
- Landlord
- Malleum Real Estate Management Corp
- Tenant
- K.M.
- Landlord rep
- Cooper Donmoyer
- Tenant rep
- Remington
What happened
Landlord applied for an order to terminate the tenancy and evict Tenant due to persistent late payment of rent. The Landlord also claimed compensation for each day the Tenant remained in the unit after the termination date.
The ruling
The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant shall pay the full monthly rent on or before the first day of each month, commencing June 1, 2021 and for 5 months thereafter up to and including November 1, 2021. If the Tenant fails to comply with this condition, the Landlord may apply under section 78 of the Residential Tenancies Act, 2006 for an order terminating the tenancy and evicting the Tenant.