Saickley Enterprises Ltd v Hart

Landlord wins · Ottawa · 2020-11-04

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Saickley Enterprises Ltd

Tenant

Z.H.

Landlord rep

Nancy Cutler

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 tenant had not paid the full rent from February 1, 2020 to October 31, 2020.

The ruling

The Landlord's application for eviction is denied on the condition that the Tenant makes the following payments to the Landlord: $475 on November 18, 2020; $375 on December 16, 2020; $375 on January 27, 2021; $375 on February 17, 2021; $375 on March 17, 2021; $375 on April 28, 2021; and $211 on May 26, 2021. The Tenant must also pay the rent for November 2020 by November 10, 2020 and the rent for December 2020 to May 2021 on the first day of each corresponding month. If the Tenant fails to make any of the required 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.