Capreit Limited Partnership v Salian

Landlord wins · Toronto · 2021-08-09

Adjudicator

Elizabeth Usprich

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Capreit Limited Partnership

Tenant

A.S., A.S.

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 December 1, 2020 to July 31, 2021.

The ruling

The tenancy is terminated effective August 20, 2021. The Tenants must pay the Landlord $12,225.09, which includes rent arrears up to August 9, 2021 and the cost of filing the application, less the rent deposit and interest owed on the deposit. The Tenants must also pay $48.74 per day for compensation for use of the unit starting August 10, 2021 until they move out. If the Tenants do not pay the full amount by August 20, 2021, they will owe interest on the outstanding balance.