Capreit Limited Partnership v Tinglin

Landlord wins · Whitby · 2021-07-28

Adjudicator

Tami Cogan

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Capreit Limited Partnership

Tenant

I.T.

Landlord rep

Geoff Paine

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 tenant had not paid the full rent owed from June 1, 2020 to July 31, 2021.

The ruling

The tenancy is terminated effective August 8, 2021. The Tenant must pay the Landlord $1,271.94, which includes rent arrears up to July 28, 2021 and the application filing fee, less the rent deposit and interest owed on the deposit. The Tenant must also pay $47.82 per day for compensation for use of the unit from July 29, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by August 8, 2021, the Tenant will owe interest and the Landlord can file the order for enforcement.