Marie Dioso v Matan Hershkowitz

Landlord wins · Hamilton · 2023-06-23

Adjudicator

John Cashmore

Dispute

Damage to Property, Non-payment of Rent, Substantial Interference

Notice

Non-payment of rent (N4), Persistent late payment (N5)

Amount

<$5K

Landlord

H.D., M.D.

Tenant

M.H.

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent, substantial interference, and damages to the rental unit. The Landlords served the Tenant with a valid N4 notice for non-payment of rent and an N5 notice for substantial interference. The Tenant did not void the notices by paying the arrears or correcting the issues.

The ruling

The tenancy is terminated effective July 4, 2023 unless the Tenant pays $6,686 by June 30, 2023 or $8,286 by July 4, 2023 to void the order. If the Tenant does not pay, they must vacate by July 4, 2023 and pay the Landlords $4,205.41 in rent arrears and filing fees, plus $52.60 per day in compensation from June 15, 2023 until move-out. The Tenant must also pay $100 for the cost to repair damages.