Capreit Limited Partnership v Jimenez and Villetorte

Landlord wins · Toronto · 2021-07-05

Adjudicator

Khalid Akram

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Capreit Limited Partnership

Tenant

J.J., L.V.

Landlord rep

Jason 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 ruling

The Landlord's application for eviction of the Tenants is denied on the condition that the Tenants make the following payments to the Landlord: $600 on June 28, 2021, $600 on July 28, 2021, $600 on August 28, 2021, $600 on September 28, 2021, and $504.27 on October 28, 2021. The Tenants shall also pay the Landlord the rent for the months of July 2021 up to and including October 2021 in full, on or before the first business day of each corresponding month. If the Tenants fail to make any of the payments as required, the Landlord may apply for an order terminating the tenancy and evicting the Tenants, and for the payment of any new arrears of rent and NSF charges not already ordered.