Capreit Limited Partnership v Merlihan

Landlord wins · Brampton · 2021-03-08

Adjudicator

Vladimir Nikitin

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Capreit Limited Partnership

Tenant

C.M.

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 ruling

The tenancy is terminated effective March 31, 2021. The Tenant must pay the Landlord $8,525.92, which includes rent arrears up to March 8, 2021, NSF cheque charges, and the cost of filing the application, less the rent deposit. The Tenant must also pay $49.29 per day for compensation for the use of the unit starting March 9, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by March 19, 2021, the Tenant will start to owe interest. If the unit is not vacated by March 31, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement.