Starlight Canadian Residential Growth Fund v Rye

Landlord wins · Kitchener · 2021-03-11

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

S.C.R.G.F.

Tenant

A.R.

Landlord rep

Gail Kukor Lang

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 March 22, 2021. The Tenant must pay the Landlord $9,162.17, which represents the rent arrears and compensation up to March 11, 2021, less the rent deposit. The Tenant must also pay the Landlord $49.27 per day for compensation for the use of the unit starting March 12, 2021 until the Tenant moves out, as well as $186.00 for the cost of filing the application. If the Tenant does not pay the full amount owing by March 22, 2021, the Tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by March 22, 2021, the Landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. The Tenant can void the eviction order by paying $11,447.57 to the Landlord or the Board in trust on or before March 22, 2021.