Benstar (No.3) Limited Partnership v Fitzgerald

Landlord wins · Burlington · 2022-11-30

Adjudicator

Greg Brocanier

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Benstar (No.3) Limited Partnership

Tenant

A.F.

Landlord rep

Frank Calcagni

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 is terminated unless the Tenant pays $19,858.84 by November 30, 2022 or $22,328.12 by December 11, 2022 to void the order. If the Tenant does not void the order, the Tenant must pay $14,648.07 to the Landlord and vacate the unit by December 11, 2022. The Tenant will also owe daily compensation of $80.22 from October 28, 2022 until the date the Tenant vacates.