Bottoni Properties Inc v Morrison and McCullough

Landlord wins · Hamilton · 2023-06-21

Adjudicator

Alex Brkic

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Bottoni Properties Inc

Tenant

V.M., J.M.

Landlord rep

Darryl Bottoni

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 still in possession of the rental unit at the time of the hearing.

The ruling

The tenancy will be terminated if the tenants do not pay $18,611 by June 30, 2023 or $20,286 by July 2, 2023 to void the order. If the tenancy is terminated, the tenants must pay $11,853.34 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit.