Equiton Residential Income Fund LP. v Thiyagarasa

Landlord wins · Kitchener · 2023-02-03

Adjudicator

Bryan Delorenzi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Equiton Residential Income Fund LP.

Tenant

R.T., T.R.

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 to End Tenancy Early for Non-payment of Rent (N4 Notice), which the tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenants pay $3,960.58 to void the order by February 14, 2023. If the Tenants do not pay this amount, the tenancy is terminated, and the Tenants must pay $138.78 to the Landlord plus $44.05 per day in compensation starting January 6, 2023 until they vacate the unit.