Starlight Canadian Residential Growth Fund v Symons

Landlord wins · Windsor · 2021-09-23

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.C.R.G.F.

Tenant

B.S.

Landlord rep

S. Harris

Tenant rep

Duty Counsel

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 Landlord's application for eviction of the Tenant is denied on the condition that the Tenant pays $200 per month towards the arrears until October 2022, and also pays the full monthly rent on time. If the Tenant fails to make the required payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant.