Starlight Canadian Residential Growth Fund v Osvaldo Cortes Cervantes

Landlord wins · North York · 2021-10-20

Adjudicator

Susan Priest

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.C.R.G.F.

Tenant

O.C.C.

Landlord rep

Sean Beard

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 ruling

The tenancy is terminated effective October 31, 2021. The tenant must pay the landlord $765.82, which represents the amount of rent owing and compensation up to October 20, 2021, less the rent deposit. The tenant must also pay the landlord $49.36 per day for compensation for the use of the unit starting October 21, 2021 to the date the tenant moves out of the unit. The tenant must also pay the landlord $186.00 for the cost of filing the application. If the tenant does not pay the full amount owing by October 31, 2021, the tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by October 31, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced. If the tenant pays $2,691.08 to the landlord or to the Board in trust by October 31, 2021, the order for eviction will be void and the tenancy would not be terminated.