Equiton Residential Income Fund LP v Barkley and Stafford

Landlord wins · Kingston · 2021-04-27

Adjudicator

Khalid Akram

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Equiton Residential Income Fund LP

Tenant

C.B., S.S.

Landlord rep

Daniel Abraham

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 of Termination, which the tenants did not void by paying the arrears. The tenants had vacated the rental unit on November 30, 2020, prior to the hearing date.

The ruling

The tenancy is terminated as of November 30, 2020, the date the Tenants gave vacant possession of the rental unit to the Landlord. The Tenants shall pay to the Landlord $1,776.24, which represents the amount of rent owing and compensation up to November 30, 2020, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants shall also pay to the Landlord $186.00 for the cost of filing the application. If the Tenants do not pay the Landlord the full amount owing on or before May 8, 2021, the Tenants will start to owe interest at 2.00% annually on the balance outstanding.