Capreit 2 Limited Partnership v Lattrulo

Landlord wins · Toronto · 2021-11-01

Adjudicator

Douglas Wilkins

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Capreit 2 Limited Partnership

Tenant

J.E.L.

Landlord rep

Nidhi Sharma

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 was not present at the hearing.

The ruling

The tenancy is terminated effective November 12, 2021. The Tenant must pay the Landlord $5,153.93, which includes rent arrears up to November 1, 2021 and the application filing fee, less the rent deposit and interest on the deposit. The Tenant must also pay $41.78 per day for compensation for use of the unit starting November 2, 2021 until the Tenant vacates. If the Tenant pays the full amount of $7,811.58 on or before November 12, 2021, the eviction order will be void and the tenancy will continue.