Capreit Limited Partnership v Spina

Landlord wins · Mississauga · 2021-11-15

Adjudicator

Michael Di Salle

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Capreit Limited Partnership

Tenant

A.S., D.S.

Landlord rep

Gabriela Quaresma

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 ruling

The tenancy is terminated effective November 30, 2021. The Tenants must pay the Landlord $7,529.33, which includes rent arrears up to November 15, 2021, less the rent deposit and interest owed on the deposit. The Tenants must also pay $78.08 per day for compensation for use of the unit starting November 16, 2021 until they move out. If the Tenants do not pay the full amount by November 30, 2021, they will owe interest starting December 1, 2021. If the unit is not vacated by November 30, 2021, the Landlord may file the order with the Sheriff for enforcement.