PAT & DIA Limited v Joseph Fasullo

Landlord wins · Hamilton · 2023-06-23

Adjudicator

Michelle Tan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

PAT & DIA LIMITED

Tenant

J.F.

Landlord rep

Daniel Moak

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 on the hearing date.

The ruling

The tenancy is terminated effective July 4, 2023 unless the Tenant pays $3,676.42 by June 30, 2023 or $4,899.02 by July 4, 2023 to void the order and continue the tenancy. If the Tenant does not pay, they must move out by July 4, 2023 and pay $1,564.45 to the Landlord, plus daily compensation of $40.20 starting June 6, 2023.