Equiton Residential Income Fund LP v Wilkinson

Landlord wins · Hamilton · 2021-09-07

Adjudicator

Khalid Akram

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Equiton Residential Income Fund LP

Tenant

C.W., M.W.

Landlord rep

Robert Forrester

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 ruling

The tenancy is terminated effective September 18, 2021. The tenants must pay $4,013 to the landlord, which includes rent arrears up to September 7, 2021 and the application filing fee, minus the $2,201.52 the tenants paid after the application was filed. The tenants must also pay $47.89 per day for compensation for use of the unit starting September 8, 2021 until they move out. If the full amount is not paid by September 18, 2021, the landlord may file the order with the Sheriff to enforce the eviction.