Equiton Residential Income Fund LP v MacNamara

Landlord wins · Kingston · 2020-08-12

Adjudicator

Linda Markell

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Equiton Residential Income Fund LP, By Its General Partner Equiton Residential

Tenant

J.C.M.

Landlord rep

James 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 ruling

The tenancy is terminated effective August 23, 2020. The Tenant must pay the Landlord $277.78, which represents the amount of rent owing and compensation up to February 29, 2020, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenant must also pay the Landlord $32.21 per day for compensation for the use of the unit starting March 1, 2020 to the date the Tenant moves out, and $175.00 for the cost of filing the application. If the Tenant does not pay the full amount by August 23, 2020, the Tenant will start to owe interest at 2.00% annually on the balance outstanding.