Capreit Limited Partnership v Sirizzotti

Landlord wins · North York · 2020-09-08

Adjudicator

Dale Whitmore

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Capreit Limited Partnership

Tenant

L.S., M.S.

Landlord rep

Geoff 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 vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective September 19, 2020. The Tenants must pay the Landlord $11,900.97, which includes rent arrears, NSF cheque charges, and application fees, less the rent deposit and interest owed on the deposit. The Tenants must also pay $62.43 per day for compensation for use of the unit starting September 9, 2020 until they move out. If the Tenants pay $15,633.42 on or before September 19, 2020, the eviction order will be void and the tenancy will continue.