Enterprise REIT Operating LP v Mercado
Landlord wins · Hamilton · 2023-04-20
- Adjudicator
- Sheena Brar
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- Enterprise REIT Operating LP
- Tenant
- E.M.
- Landlord rep
- B. Rubin
- Tenant rep
- John Turner
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 Tenant was still in possession of the rental unit at the time of the hearing.
The ruling
The tenancy will be terminated on May 6, 2023 unless the Tenant pays $3,166.28 by April 30, 2023 or $4,379.66 by May 6, 2023 to void the order. If the Tenant does not make the required payment, the Tenant must move out by May 6, 2023 and pay the Landlord $704.96, 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.