Capreit Limited Partnership v Surur

Landlord wins · Toronto · 2021-12-15

Adjudicator

Anthony Bruno

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

>$20K

Landlord

Capreit Limited Partnership

Tenant

K.J.S., L.R.

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 had not vacated the rental unit as of the hearing date.

The ruling

The tenancy is terminated effective January 5, 2022. The Tenants must pay the Landlord $24,410.04, 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 $71.01 per day for compensation for use of the unit from December 11, 2021 until they move out. If the full amount is not paid by December 21, 2021, the Tenants will owe interest. If the unit is not vacated by January 5, 2022, the Landlord may file the order with the Sheriff for enforcement.