Porter v Dankowski

Landlord wins · Hamilton · 2023-01-18

Adjudicator

Fabio Quattrociocchi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4), Personal use (N12)

Amount

$5-10K

Landlord

K.P., S.P.

Tenant

M.D.

Landlord rep

Kimberly Holleran

What happened

Landlords applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Tenant had withheld rent payments since August 2022 in retaliation to an N12 notice served by Landlords in July 2022.

The ruling

The tenancy is terminated unless the Tenant voids the order by paying the specified amount. The Tenant must move out by February 28, 2023, if the order is not voided. The Tenant is ordered to pay $9,208.61 to the Landlords, plus $47.60 per day from January 6, 2023, until vacating the unit. The eviction can be enforced starting March 1, 2023, if the unit is not vacated.