Starlight Canadian Residential Growth Fund v Wilton

Landlord wins · Kitchener · 2020-08-04

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.C.R.G.F.

Tenant

C.W.

Landlord rep

Christopher Lin

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 August 15, 2020. The tenant must pay the landlord $4,861.48, which includes rent arrears up to August 4, 2020 and the cost of filing the application, less the rent deposit and interest on the deposit. The tenant must also pay $22.36 per day for compensation for the use of the unit starting August 5, 2020 until the tenant moves out. If the tenant does not pay the full amount by August 15, 2020, the tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by August 15, 2020, the landlord may file the order with the Court Enforcement Office for enforcement.