O/A Valery Properties v Allen

Landlord wins · Hamilton · 2023-04-12

Adjudicator

Heather Kenny

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Hughson Apartments Joint Venture O/A Valery Properties

Tenant

A.C., K.A.

Landlord rep

T Novak

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 on the hearing date.

The ruling

The tenancy will be terminated on April 30, 2023 unless the tenants pay $4,527.04 to void the order and continue the tenancy. If the tenants do not pay, they must move out by April 30, 2023. The landlord is entitled to daily compensation of $47.57 for each day of occupation starting February 17, 2023 until the tenants move out.