BENSTART (No. 3) Limited Partnership v Sansone

Landlord wins · Burlington · 2022-07-13

Adjudicator

Steven Mastoras

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

BENSTART (No. 3) Limited Partnership

Tenant

S.S., S.Z.

Landlord rep

Frank Anthony Calcagni, Joshua Labbe

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 is terminated unless the Tenants pay $8,554.08 to void the order by July 24, 2022. If the Tenants do not void the order, they must pay $4,220.46 to the Landlord and vacate the unit by July 24, 2022. If the unit is not vacated, the Landlord may file the order with the Sheriff for enforcement.