BENSTAR (NO.3) Limited Partnership v Yuce

Landlord wins · Burlington · 2025-09-05

Adjudicator

Dawn Carr

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

BENSTAR (NO.3) Limited Partnership

Tenant

S.Y.

Landlord rep

Sean Beard

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to rent arrears. The Landlord also claimed NSF cheque charges. The Tenant vacated the rental unit prior to the hearing, but a dispute arose regarding the exact date of vacancy, which affected the calculation of arrears and deposit interest.

The ruling

The tenancy was terminated effective April 30, 2025. The Tenant is ordered to pay the Landlord $3,111.34 by September 16, 2025. This amount includes rent arrears up to the move-out date and the application filing fee, minus the rent deposit and interest on the deposit. Post-judgment interest will apply if the amount is not paid by the due date.