Roque Roofing & Sheet Metal Ltd. v Fleming

Landlord wins · Hamilton · 2024-01-08

Adjudicator

Joy Xiao

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Roque Roofing & Sheet Metal Ltd.

Tenant

M.F.

What happened

Landlord 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 Notice to End Tenancy Early for Non-payment of Rent (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 tenancy is terminated unless the Tenant pays $9,387.25 to void the order by January 31, 2024. If the Tenant does not void the order, the Tenant must pay $6,911.40 to the Landlord and vacate the unit by January 31, 2024. The Landlord is entitled to daily compensation for the Tenant's continued occupation after December 8, 2023.