Capreit Limited Partnership v Kelm

Landlord wins · Toronto · 2022-09-01

Adjudicator

Greg Witt

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Capreit Limited Partnership

Tenant

R.K.

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 still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenant pays $5,081 to void the order and continue the tenancy by September 12, 2022. If the Tenant does not pay, the Tenant must move out by September 12, 2022 and pay the Landlord $3,678 plus daily compensation of $53.10 from July 5, 2022 until the Tenant moves out.