Capreit Limited Partnership v Witzell

Landlord wins · Oshawa · 2022-01-17

Adjudicator

Richard Ferriss

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Capreit Limited Partnership

Tenant

K.W.

Landlord rep

Jason 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 vacated the rental unit by the hearing date.

The ruling

The tenancy is terminated effective January 28, 2022. The Tenant must pay the Landlord $11,469.76, plus $43.19 per day starting January 18, 2022 until the Tenant vacates the unit. If the Tenant pays $10,696.56 on or before January 28, 2022, the eviction order will be void and the tenancy will continue.