Starlight Canadian Residential Growth Fund v Giotta

Landlord wins · Kingston · 2020-11-12

Adjudicator

Sonia Anwar-Ali

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

S.C.R.G.F.

Tenant

M.G.

Landlord rep

David Ciobotaru

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 had not vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective November 23, 2020. The tenant must pay the landlord $10,350.39, which includes rent arrears up to November 12, 2020 less the rent deposit and interest owed on the deposit. The tenant must also pay $46.84 per day for compensation for use of the unit from November 13, 2020 until the tenant moves out, as well as the $186 application fee. If the full amount is not paid by November 23, 2020, the landlord may file the order with the Sheriff for enforcement.