Starlight Canadian Residential Growth F v Whelan

Landlord wins · Orillia · 2021-06-07

Adjudicator

Troy Rossignol

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

S.C.R.G.F.

Tenant

C.W., J.S.

Landlord rep

Cathy Yang

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears.

The ruling

The tenancy is terminated effective June 18, 2021. The Tenants must pay the Landlord $15,367.51, which represents the amount of rent owing and compensation up to June 7, 2021, less the rent deposit and interest the Landlord owes on the rent deposit. The Tenants must also pay the Landlord $45.01 per day for compensation for the use of the unit starting June 8, 2021 to the date they move out of the unit, and $186.00 for the cost of filing the application. If the Tenants do not pay the full amount owing by June 18, 2021, they will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by June 18, 2021, the Landlord may file this order with the Court Enforcement Office (Sheriff) so that the eviction may be enforced.