Capreit Limited Partnership v Mangattumannil and Falle

Landlord wins · Etobicoke · 2022-01-11

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Capreit Limited Partnership

Tenant

G.M., N.F.

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 tenants had not vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective February 5, 2022. The Tenants must pay the Landlord $481.04, which includes rent arrears up to January 11, 2022 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenants must also pay $61.15 per day in compensation for use of the unit starting January 12, 2022 until they vacate. If the Tenants do not pay the full amount by February 5, 2022, they will owe interest on the outstanding balance. If the unit is not vacated by February 5, 2022, the Landlord may file the order with the Sheriff for enforcement.