CAPREIT LIMITED PARTNERSHIP v Osman

Landlord wins · North York · 2022-10-03

Adjudicator

John Cashmore

Dispute

Non-payment of Rent, Maintenance

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Capreit Limited Partnership

Tenant

M.O.

Landlord rep

Geoff Paine, Niger Sultana

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. Tenant raised maintenance issues, particularly regarding heating problems in the rental unit.

The ruling

The tenancy is terminated unless the Tenant voids the order by paying $13,771.20 by October 14, 2022. If not paid, the Tenant must move out by October 14, 2022, and pay $10,854.32 plus $62.28 per day from September 15, 2022, until move-out. The Landlord was found to have failed in their maintenance obligations regarding heating, resulting in a rent abatement of $3,464.40.