DMS Property Management Ltd. v Mukendi and Lukau

Landlord wins · Hamilton · 2022-02-14

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

DMS Property Management Ltd.

Tenant

E.M., S.L.

Landlord rep

Frank Calcagni

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 in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective February 25, 2022. The Tenants must pay the Landlord $4,469.70, which includes rent arrears up to February 14, 2022 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenants must also pay $33.30 per day for compensation for use of the unit from February 15, 2022 until they move out. If the full amount is not paid by February 25, 2022, the Tenants will owe interest and the Landlord can file the order for enforcement of the eviction.