Camsta (No.1) Limited Partnership c/o DMS Property Management Ltd. v Gallerno

Tenant wins · Hamilton · 2024-02-16

Adjudicator

Kelly Delaney

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Camsta (No.1) Limited Partnership c/o DMS Property Management Ltd., DMS Property Management Ltd.

Tenant

M.G.

Landlord rep

Frank Calcagni

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 N4 Notice, which the Tenant did not void by paying the arrears. The Tenant was still in possession of the rental unit on the hearing date.

The ruling

The Landlord's application is denied as the Landlord is in serious breach of their maintenance obligations under the Residential Tenancies Act. The Tenant is ordered to pay the rent arrears of $16,557.36 by April 30, 2024, and the Landlord is ordered to complete necessary repairs by March 31, 2024. If the Tenant fails to pay the arrears by the due date, they will owe interest at 7% annually on the outstanding balance.