Diggins v Wierzbicki

Split/Other wins · Hamilton · 2023-10-12

Adjudicator

Donna Adams

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

A.D., R.M.

Tenant

H.W.

Landlord rep

K. Hawkes

Tenant rep

K. Farrell

What happened

Landlords 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 at the time of the hearing.

The ruling

The Tenant is ordered to pay the Landlords $7,306.36 for rent arrears and application costs. The Tenant will be afforded the opportunity to preserve the tenancy by making monthly payments of $250 for 29 months and a final payment of $56.36. If the Tenant fails to make any of the payments, the Landlords may apply to terminate the tenancy and evict the Tenant.