Capreit Limited Partnership v Muller and Khanataev

Landlord wins · Toronto · 2021-11-15

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Capreit Limited Partnership

Tenant

M.M., Y.K.

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 vacated the rental unit prior to the hearing date.

The ruling

The tenancy is terminated effective December 10, 2021. The tenants are ordered to pay $4,264.44 to the landlord, which includes rent arrears up to November 15, 2021 and the cost of filing the application, minus the rent deposit and interest on the deposit. The tenants are given additional time to either secure alternative accommodation or pay the outstanding amount. If the full amount is not paid by December 10, 2021, the landlord may file the order with the Court Enforcement Office for enforcement.