Starlight Canadian Residential Growth Fund 2 v McArthur

Landlord wins · Kingston · 2022-07-11

Adjudicator

Robert Brown

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.C.R.G.F.

Tenant

F.M., H.S.

Landlord rep

Daria Pesilak

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 $2,216.80 on or before July 21, 2022 to void the order and continue the tenancy. If the Tenants do not pay this amount, they must move out by July 21, 2022. If they do not move out, the Landlord can file the order with the Sheriff to enforce the eviction. The Tenants owe $1,780.28 to the Landlord, which includes rent arrears and the application filing fee, minus the rent deposit and interest.