Valery Properties v Spinelli

Landlord wins · Hamilton · 2025-04-17

Adjudicator

Elena Jacob

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

C. Valery Construction o/a Valery Properties

Tenant

N.S.

Landlord rep

Tina Novak

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to rent arrears. The Landlord served a valid N4 notice. Despite significant payments made by the Tenant since the application was filed, a balance remains. The Landlord requested an extended voidable order to provide the Tenant with more time to pay the remaining arrears and preserve the tenancy.

The ruling

The tenancy is terminated effective May 31, 2025, unless the Tenant voids the order. To void the order by April 30, 2025, the Tenant must pay $1,692.85. If paying by May 31, 2025, the amount is $3,225.22. If the Tenant moves out, the Landlord actually owes the Tenant $630.12 (after applying the deposit and interest against arrears and fees), minus daily compensation of $50.38 from April 16, 2025, until move-out.