Capreit Limited Partnership v Batyi

Landlord wins · Toronto · 2021-10-21

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Capreit Limited Partnership

Tenant

T.B.

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 1, 2021. The tenant must pay the landlord $7,845.61, which represents the rent arrears and compensation up to October 21, 2021, less the rent deposit and interest owed on the deposit. The tenant must also pay $45.10 per day for compensation for the use of the unit starting October 22, 2021 until the tenant moves out, as well as $186.00 for the cost of filing the application. If the tenant does not pay the full amount by November 1, 2021, the tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by November 1, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) to enforce the eviction.