Starlight Canadian Residential Growth Fund v Fry

Landlord wins · North York · 2023-01-25

Adjudicator

Amanda Kovats

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.C.R.G.F.

Tenant

H.B., S.F.

Landlord rep

Sharon Harris

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 tenants were still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the tenants pay $2,036.05 by January 31, 2023 or $3,014.52 by February 5, 2023 to void the order. If the tenancy is terminated, the tenants must pay $620.96 to the landlord and $32.17 per day in compensation starting January 17, 2023 until they vacate the unit.