Starlight Canadian Residential Growth Fund II v Baybars

Landlord wins · Etobicoke · 2023-02-14

Adjudicator

Amanda Kovats

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

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

Tenant

F.B.

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 was still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $4,574.00 to the Landlord or the LTB by February 25, 2023 to void the order. If the Tenant does not pay, the Tenant must move out by February 25, 2023. The Landlord is authorized to deduct $76.73 per day for compensation for the Tenant's use of the unit starting January 31, 2023 until the Tenant moves out.