Capreit Limited Partnership v Hume, Copeland, McFarlane

Landlord wins · Toronto · 2021-09-08

Adjudicator

Stephanie Kepman

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Capreit Limited Partnership

Tenant

G.H., M.C., W.M.

Landlord rep

Geoff Pain

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 owed from October 1, 2020 to June 30, 2021.

The ruling

The tenancy is terminated effective September 19, 2021. The Tenants must pay the Landlord $13,099.97, which represents the rent arrears and compensation up to September 8, 2021, less the rent deposit and interest owed on the deposit. The Tenants must also pay $67.73 per day for compensation for use of the unit starting September 9, 2021 until they move out, and $186 for the application filing fee. If the Tenants do not pay the full amount by September 19, 2021, they will owe interest at 2% annually on the outstanding balance, and the Landlord can file the order with the Sheriff to enforce the eviction.