Capreit Limited Partnership v Stuart

Landlord wins · Whitby · 2021-03-22

Adjudicator

Dawn King

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Capreit Limited Partnership

Tenant

T.S.

Landlord rep

Geoff Paine

Tenant rep

Duty Counsel

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant 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 tenant did not void by paying the arrears.

The ruling

The tenancy is terminated effective April 30, 2021. The Tenant must pay the Landlord $11,597.18 (less any payments made after October 21, 2020), which includes rent arrears, compensation, and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $39.77 per day for compensation for use of the unit starting March 23, 2021 until the Tenant moves out. If the Tenant does not pay the full amount owing by April 2, 2021, the Tenant will start to owe interest at 2% annually on the outstanding balance. If the unit is not vacated by April 2, 2021, the Landlord may file the order with the Court Enforcement Office for enforcement.