Equiton Residential Income Fund LP v Coffin

Tenant wins · Stratford · 2021-01-06

Adjudicator

Dawn Sullivan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Equiton Residential Income Fund LP

Tenant

J.C.

Landlord rep

Robert Forster

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 had not paid the full rent from May 1, 2020 to December 31, 2020.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is denied, subject to the Tenant making the following payments: $1,500 by December 15, 2020, $1,000 by January 22, 2021, and $221.10 per month from February 2021 to October 2021, with a final payment of $74.67 by November 15, 2021. The Tenant must also pay the January 2021 rent in full by January 22, 2021 and the lawful rent on or before the 1st of each month from February 2021 to November 2021. If the Tenant fails to make any of these payments, the Landlord may apply to the Board for an order terminating the tenancy and evicting the Tenant.