Capreit Limited Partnership v Shah

Landlord wins · Etobicoke · 2022-10-04

Adjudicator

Maria Shaw

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Capreit Limited Partnership

Tenant

P.S., S.P.

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 were still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenants pay $12,062 to void the order by October 31, 2022. If the Tenants do not void the order, they must pay $5,046.29 to the Landlord and vacate the unit by October 31, 2022. The Tenants will also owe daily compensation of $57.53 per day for continued occupation after the hearing date.