Capreit Limited Partnership v Buri

Landlord wins · Etobicoke · 2022-01-27

Adjudicator

Nicola Mulima

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Capreit Limited Partnership

Tenant

B.B.

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 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 February 7, 2022. The tenant must move out by this date. The amount the landlord owes the tenant for the rent deposit and interest exceeds the arrears, but the landlord can offset compensation for use of the unit and the application fee. If the unit is not vacated by February 7, 2022, the landlord can file the order with the Sheriff to enforce the eviction.