Capreit Limited Partnership v Asare

Landlord wins · Toronto · 2021-07-30

Adjudicator

Debbie Mosaheb

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Capreit Limited Partnership

Tenant

N.A.

Landlord rep

Jason Paine

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The Landlord served a valid Notice of Termination effective March 31, 2021 due to rent arrears, but the Tenant did not void the notice by paying the arrears. The Tenant was in possession of the rental unit on the application date.

The ruling

The tenancy is terminated effective August 10, 2021. The Tenant must pay the Landlord $5,335.41, which includes rent arrears, NSF cheque charges, and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $57.53 per day in compensation for occupying the unit after July 30, 2021 until the Tenant vacates. If the Tenant does not pay the full amount by August 10, 2021, the Landlord may file the order with the Sheriff to enforce the eviction.