David New v Kelly Haggerty

Landlord wins · Hamilton · 2023-07-04

Adjudicator

Mark Melchers

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

D.N.

Tenant

K.H.

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 for eviction is denied on the condition that the Tenant pays $3,500 by July 31, 2023, pays the full rent for June and July 2023 by July 31, 2023, and makes the specified monthly payments towards the remaining $4,972.10 owed. If the Tenant fails to make any of these payments, the Landlord may apply to terminate the tenancy and evict the Tenant.