Capreit Limited Partnership v Perrin and Cappuccitti

Landlord wins · Oshawa · 2022-01-17

Adjudicator

Richard Ferriss

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Capreit Limited Partnership

Tenant

M.P., P.C.

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 paid rent from June 1, 2021 to January 31, 2022.

The ruling

The tenancy is terminated effective January 28, 2022. The Tenants must pay the Landlord $8,386.13, which includes rent arrears up to January 17, 2022 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenants must also pay $36.40 per day for compensation for use of the unit from January 18, 2022 until they move out. If the full amount is not paid by January 28, 2022, the Tenants will owe interest, and the Landlord can file the order with the Sheriff to enforce the eviction.