Evictly

Dicenzo Management Inc. v Moffat

Landlord wins · Hamilton · 2021-09-14

Adjudicator
Stephanie Kepman
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$5-10K
Landlord
Dicenzo Management Inc.
Tenant
L.M., T.M.
Landlord rep
Tim Kelly

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 ruling

The Landlord's application for eviction of the Tenants is denied on the condition that the Tenants make monthly payments of $900 from September 2021 to June 2022, and a final payment of $74.21 on July 15, 2022. The Tenants must also pay the rent for July 2021 to July 2022 in full by the first of each month. If the Tenants fail to make any of the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenants, and the balance owing will become payable with interest.