Postiglione v Kaye

Landlord wins · Hamilton · 2024-04-16

Adjudicator

Kyle McGraw

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

A.P.

Tenant

T.K., A.A.

Landlord rep

A.S. Kassam

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 will be terminated on May 4, 2024 unless the tenants pay $9,871 by April 30, 2024 or $11,741 by May 4, 2024 to void the order. If the tenancy is terminated, the tenants must pay $5,832.10 to the landlord, which includes rent arrears and the application filing fee, minus the rent deposit and interest.