Equiton Residential Income Fund LP v Dennis Peacock

Landlord wins · Hamilton · 2023-05-31

Adjudicator

Emile Ramlochan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Equiton Residential Income Fund LP

Tenant

D.P.

Landlord rep

Daniel Abraham

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 was still in possession of the rental unit on the hearing date.

The ruling

The tenancy will be terminated on June 11, 2023 if the Tenant does not pay $4,547.69 by May 31, 2023 or $5,606.74 by June 11, 2023 to void the order. If the Tenant does not void the order, they must pay $2,740.71 to the Landlord, which includes rent arrears and the cost of filing the application, minus the rent deposit and interest on the deposit.