Equiton Residential Income Fund LP v Smedley

Landlord wins · Chatham · 2021-09-02

Adjudicator

Diane Wade

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Equiton Residential Income Fund LP

Tenant

C.S.

Landlord rep

Daniel Abraham

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 September 13, 2021. The Tenant must pay the Landlord $2,167.65, which includes rent arrears up to September 2, 2021 less the rent deposit, and $186 for the application fee. The Tenant must also pay $22.46 per day for compensation for use of the unit from September 3, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by September 13, 2021, the Tenant will owe interest and the Landlord can file the order with the Sheriff to enforce the eviction.