MetCap Living Management Inc. v Spyker

Landlord wins · Fenwick · 2024-01-03

Adjudicator

Camille Clyne

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

MetCap Living Management Inc.

Tenant

P.S., E.S.

Landlord rep

Moeez Nabi

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 will be terminated on February 29, 2024 unless the tenants pay $13,716 by January 31, 2024 or $15,407.25 by February 29, 2024 to void the order. If the tenancy is terminated, the tenants must pay $9,781.96 to the landlord, 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.