DMS Property Management Ltd. v Charkowy

Landlord wins · Hamilton · 2022-10-05

Adjudicator

Margo den Haan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

DMS Property Management Ltd.

Tenant

E.C.

Landlord rep

F. 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 still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $11,454 by October 16, 2022 to void the order and continue the tenancy. If the Tenant does not pay this amount, the Tenant must move out by October 16, 2022 and pay the Landlord $3,459, less any payments made since the hearing date.