Camsta (No.1) Limited Partnership v Duchesne

Landlord wins · Hamilton · 2023-08-02

Adjudicator

Elan Shemtov

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Camsta (No.1) Limited Partnership

Tenant

B.D.

Landlord rep

Daniel Escudero

What happened

Landlord applied for an order to terminate the tenancy and evict the 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 was still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $11,051.47 to void the order by August 13, 2023. If the Tenant does not void the order, the Tenant must move out by August 13, 2023 and pay the Landlord $6,730.19, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.