Capreit Limited Partnership v Fawzi, Fawzi

Landlord wins · Toronto · 2020-09-25

Adjudicator

Lorraine Mathers

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Capreit Limited Partnership

Tenant

B.M.F.F., H.M.S.S.

Landlord rep

Geoff Paine

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants had not paid the full rent from December 1, 2019 to September 30, 2020.

The ruling

The tenancy is terminated effective October 6, 2020. The Tenants must pay the Landlord $3,420.18, which includes rent arrears up to September 25, 2020 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenants must also pay $54.25 per day for compensation for use of the unit from September 26, 2020 until they move out. If the Tenants do not pay the full amount by October 6, 2020, they will owe interest on the outstanding balance.