Equiton Residential Income Fund LP v Julio Benitez Montes

Landlord wins · Toronto · 2023-06-01

Adjudicator

Emile Ramlochan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Equiton Residential Income Fund LP

Tenant

J.B.M.

Landlord rep

Daniel Abraham

What happened

Landlord applied for an order to terminate the tenancy and evict the 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 Former Tenant was removed from the application after an N15 Notice was issued to the Landlord.

The ruling

The Landlord's application for eviction of the Tenant is denied on the condition that the Tenant makes the specified payments by the due dates. If the Tenant fails to make any of the payments, the Landlord may apply for an order terminating the tenancy and evicting the Tenant, and for the payment of any new arrears of rent.