DMS Property Management Ltd v Alemi

Landlord wins · Hamilton · 2021-10-15

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

DMS Property Management Ltd

Tenant

M.A.

Landlord rep

Frank Calcagni

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 not present at the hearing.

The ruling

The tenancy is terminated effective October 26, 2021 unless the Tenant pays $1,261.42 to the Landlord or to the Board in trust by that date. If the unit is not vacated by October 26, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement. The Tenant may make a motion to set aside the order if they pay the required amount on or after October 27, 2021 but before the Sheriff gives vacant possession to the Landlord.