Starlight Canadian Residential Growth Fund v Benoit

Landlord wins · Scarborough · 2021-04-28

Adjudicator

Kathleen Wells

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.C.R.G.F.

Tenant

D.B., S.B.

Landlord rep

Matt Anderson

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 ruling

The tenancy is terminated effective May 9, 2021. The Tenants must pay the Landlord $2,702.83, which includes rent arrears, NSF charges, and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenants must also pay $94.62 per day in compensation for use of the unit starting April 29, 2021 until they move out. If the Tenants pay $3,187.91 by April 30, 2021 or $6,065.91 by May 9, 2021, they can void the eviction order and continue the tenancy.