Starlight Canadian Residential Growth Fund Fund v Rutley

Landlord wins · Toronto · 2021-10-06

Adjudicator

Member, Landlord and Tenant Board

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

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

Tenant

J.R.

Landlord rep

Sharron 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 ruling

The tenancy is terminated effective October 17, 2021. The Tenant must pay the Landlord $1,909.23, which represents the rent arrears and compensation up to October 6, 2021, less the rent deposit and interest owed on the deposit. The Tenant must also pay $29.87 per day for compensation for use of the unit from October 7, 2021 until the Tenant moves out, as well as $186.00 for the application filing fee. If the Tenant does not pay the full amount by October 17, 2021, the Tenant will owe interest at 2% annually on the outstanding balance. If the unit is not vacated by October 17, 2021, the Landlord may file the order with the Sheriff for enforcement.