DMS Property Management Ltd v Esmayl

Landlord wins · Hamilton · 2022-01-04

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

DMS Property Management Ltd

Tenant

K.J.E., S.T.I.

Landlord rep

Paul Startek

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 vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective January 15, 2022. The Tenants must pay the Landlord $3,696.47, which includes rent arrears up to January 4, 2022 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenants must also pay $29.39 per day for compensation for use of the unit starting January 5, 2022 until they move out. If the Tenants do not pay the full amount by January 15, 2022, the Landlord can file the order with the Court Enforcement Office to enforce the eviction.