Equiton Residential Income Fund LP v Loranger

Landlord wins · Kingston · 2021-11-24

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Equiton Residential Income Fund LP

Tenant

N.L.

Landlord rep

Robert Forster

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 December 5, 2021. The tenant must pay the landlord $6,590.32, which represents the rent arrears and application filing costs, less the rent deposit. The tenant must also pay $45.01 per day for compensation for use of the unit starting November 25, 2021 until the tenant vacates. If the tenant does not pay the full amount owing by December 5, 2021, the tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by December 5, 2021, the landlord may file the order with the Sheriff to enforce the eviction.