Capreit Limited Partnership v Schatz-McArthur

Landlord wins · Ottawa · 2021-04-06

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Capreit Limited Partnership Ottawa Office, Capreit Limited Partnership

Tenant

A.S., S.M.

Landlord rep

Allan Kouri

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 April 17, 2021. The tenants must pay the landlord $7,805.21, which includes rent arrears up to April 6, 2021 and the cost of filing the application, less the rent deposit. The tenants must also pay $68.75 per day for compensation for use of the unit starting April 7, 2021 until they move out. If the full amount is not paid by April 17, 2021, the tenants will owe interest and the landlord can file the order with the Sheriff to enforce the eviction.