Dms Property Management Ltd v Mirassol

Landlord wins · Hamilton · 2021-09-07

Adjudicator

Khalid Akram

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Dms Property Management Ltd

Tenant

J.D.O.M.

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 ruling

The tenancy is terminated effective September 30, 2021. The tenant must pay $239.38 to the landlord, which includes rent arrears, NSF charges, and the application filing fee, less the rent deposit and interest owed on the deposit. The tenant must also pay $27.02 per day for compensation for use of the unit starting September 8, 2021 until the tenant moves out. If the tenant pays $1,857.00 on or before September 30, 2021, the eviction order will be void and the tenancy will continue.