285 Melvin Apts Limited v Khan and Mootoo
Landlord wins · Hamilton · 2021-11-16
- Adjudicator
- Nancy Morris
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- 285 Melvin Apts Limited
- Tenant
- A.K., F.M.
- Landlord rep
- A. Hamdani
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 had not paid the total rent they were required to pay for the period from December 1, 2020 to November 30, 2021.
The ruling
The tenancy is terminated effective November 27, 2021. The Tenants are ordered to pay $14,100.64 to the Landlord, which includes rent arrears up to November 16, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The Tenants must also pay $44.05 per day for compensation for the use of the unit starting November 17, 2021 until the date they move out. If the Tenants pay the full amount of $16,264.09 on or before November 27, 2021, the eviction order will be void and the Tenants can remain in the unit.