Pestrak v Schmidt

Landlord wins · Hamilton · 2020-12-21

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

M.P.

Tenant

I.S.

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 of Termination effective March 18, 2020 due to rent arrears. The Tenant had paid $11,800 after the application was filed, but still owed $12,552 as of November 30, 2020.

The ruling

The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant makes the required payments. If the Tenant fails to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and for the payment of any new arrears of rent.