Evictly

Starlight Canadian Residential Growth Fund v Fitzell

Landlord wins · Kitchener · 2023-02-14

Adjudicator
Kimberly Parish
Dispute
Non-payment of Rent, Breach of Conditions
Amount
<$5K
Landlord
S.C.R.G.F.
Tenant
M.S., S.F.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and meet conditions specified in a previous LTB order. The Tenants did not pay the required $776.45 towards arrears by October 31, 2022, and failed to pay the full November 2022 rent by November 1, 2022.

The ruling

The tenancy is terminated, and Tenants must vacate by February 25, 2023. Tenants are ordered to pay $4,653.03 plus $50.74 per day from February 15, 2023, until they move out. If not paid by February 25, 2023, interest will accrue at 5% annually. The Landlord may file for eviction enforcement starting February 26, 2023.