Sarafinchan v Da luz
Split/Other wins · Hamilton · 2024-07-25
- Adjudicator
- D. Knight
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- D.S.
- Tenant
- R.C.D.L., J.J.B.D.L.
- Landlord rep
- Heidi Melville
- Tenant rep
- Richard C Da Luz
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 at the time of the hearing.
The ruling
The tenancy is terminated effective September 30, 2024, when the tenants must vacate the unit. The landlord will waive all rent arrears to July 31, 2024 and the rent for August 2024 if the tenants vacate by September 30, 2024 and withdraw all pending applications. If the tenants fail to vacate and withdraw the applications, they must pay the full arrears of $18,535.50 by October 1, 2024 or face eviction.