Starlight Canadian Residential Growth Fund v Pickering and Barclay

Landlord wins · St. Catharines · 2021-12-14

Adjudicator

Susan Priest

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.C.R.G.F.

Tenant

B.P., M.B.

Landlord rep

Sara Mathew

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 December 31, 2021. The Tenants must pay the Landlord $457.32, which represents the amount of rent owing and compensation up to December 14, 2021, less the rent deposit. The Tenants must also pay the Landlord $49.28 per day for compensation for the use of the unit starting December 15, 2021 to the date the Tenants move out of the unit. The Tenants must also pay the Landlord $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by December 31, 2021, they will start to owe interest at 2.00% annually on the balance outstanding starting January 1, 2022. If the unit is not vacated by December 31, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced starting January 1, 2022. If the Tenants pay $2,906.50 to the Landlord or to the Board in trust by December 31, 2021, this order for eviction will be void and the tenancy would not be terminated.