Capreit Limited Partnership v Modeste

Landlord wins · Etobicoke · 2020-10-09

Adjudicator

Richard Ferriss

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Capreit Limited Partnership

Tenant

C.M.M.M.

Landlord rep

Geoff 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 or represented at the hearing.

The ruling

The tenancy is terminated effective October 20, 2020. The Tenant must pay the Landlord $6,151.26, which includes rent arrears up to October 9, 2020, less the rent deposit and interest owed on the deposit. The Tenant must also pay $43.78 per day for compensation for use of the unit from October 10, 2020 until the Tenant moves out, and $190 for the application filing fee. If the Tenant does not pay the full amount by October 20, 2020, the Tenant will owe interest on the outstanding balance. If the unit is not vacated by October 20, 2020, the Landlord may file the order with the Sheriff for enforcement.