Starlight Canadian Res. Growth Fund Ii v Migneault

Landlord wins · Kingston · 2021-11-10

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.C.R.G.F.I.

Tenant

H.M.

Landlord rep

David Danielson

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 vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective November 21, 2021. The Tenant must move out by that date. The Landlord owes the Tenant $991.79 from the rent deposit and interest, but the Landlord can offset $51.91 per day for compensation starting November 11, 2021 and $186 for the application fee. If the Tenant pays $1,765 by November 21, 2021, the eviction order will be void and the Tenant can remain in the unit.