Starlight Canadian Residential Growth Fund Fund v Ashby-Walcott

Landlord wins · Toronto · 2021-11-19

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

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

Tenant

A.A.

Landlord rep

Sharon Harris

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 30, 2021. The Tenant must pay the Landlord $3,749.48, which includes rent arrears up to November 19, 2021, less the rent deposit and interest owed on the deposit. The Tenant must also pay $52 per day for compensation for use of the unit starting November 20, 2021 until the Tenant moves out, and $186 for the application filing fee. If the Tenant does not pay the full amount by November 30, 2021, the Tenant will owe interest starting December 1, 2021. If the unit is not vacated by November 30, 2021, the Landlord can file the order with the Sheriff for enforcement.