Hawk Suites v Brian Notto

Landlord wins · Hamilton · 2023-05-23

Adjudicator

Peter Nicholson

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

H.S.

Tenant

B.N., W.D.

Landlord rep

J. Kay

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 unless the tenant pays $13,402.02 by May 31, 2023 or $14,883.87 by June 3, 2023 to void the order. If the tenant does not void the order, the tenant must pay $10,279.25 to the landlord and vacate the unit by June 3, 2023. The tenant will also owe daily compensation of $48.72 for continued occupation after the hearing date.