Starlight Canadian Residential Growth Fund III v Thomas

Landlord wins · Kitchener · 2024-01-04

Adjudicator

André-Paul Baillargeon-Smith

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

S.C.R.G.F.I.

Tenant

K.T., J.L.

Landlord rep

Matt Anderson

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 tenants were still in possession of the rental unit on the hearing date.

The ruling

The tenancy was terminated effective January 15, 2024 unless the tenants pay $16,012.01 to void the order and continue the tenancy. If the tenancy is terminated, the tenants must pay $4,065.19 to the landlord, which includes rent arrears up to the hearing date and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants must also pay daily compensation of $40.51 for each day of occupation starting May 10, 2023 until they vacate the unit.