Capreit Limited Partnership v Esho

Landlord wins · Toronto · 2023-02-27

Adjudicator

Robert Brown

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Capreit Limited Partnership

Tenant

R.E.

Landlord rep

Jason Paine

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenant did not void by paying the arrears. The Tenant claimed to have made an additional payment, but the Landlord denied receiving it.

The ruling

The tenancy is terminated unless the Tenant voids the order by paying $1,535.71 by February 28, 2023, or $2,715.78 by March 31, 2023. If the Tenant does not void the order, they must move out by March 31, 2023, and pay $898.84 plus $38.80 per day from February 15, 2023, until they vacate.