Capreit Limited Partnership v Lung

Landlord wins · Toronto · 2021-08-06

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Capreit Limited Partnership

Tenant

F.L.

Landlord rep

J. 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 not present at the hearing.

The ruling

The tenancy is terminated effective August 31, 2021. The tenant must pay the landlord $2,657.16, which represents the amount of rent owing and compensation up to August 6, 2021, plus $73.97 per day for compensation for the use of the unit starting August 7, 2021 to the date the tenant moves out. The tenant must also pay the landlord $186.00 for the cost of filing the application. If the tenant does not pay the full amount owing by August 31, 2021, the tenant will start to owe interest at 2.00% annually on the balance outstanding. If the unit is not vacated by August 31, 2021, the landlord may file the order with the Court Enforcement Office (Sheriff) for enforcement. If the tenant pays $4,625.00 to the landlord or the Board in trust by August 31, 2021, the eviction order will be void and the tenancy will continue.