Capreit Limited Partnership v Maria Nelcy Lopez Restrepo

Landlord wins · Toronto · 2022-02-18

Adjudicator

Fabio Quattrociocchi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Capreit Limited Partnership

Tenant

M.N.L.R.

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 had not vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective March 1, 2022. The Tenant must pay the Landlord $4,382.19, which includes rent arrears, NSF cheque charges, and the application filing fee, less the rent deposit. The Tenant must also pay $52.44 per day for compensation for use of the unit starting February 19, 2022 until the Tenant vacates. If the Tenant does not pay the full amount by March 1, 2022, the Landlord may file the order with the Sheriff to enforce the eviction.