Capreit Limited Partnership v Wlodarski

Landlord wins · Toronto · 2020-10-09

Adjudicator

Shelby Whittick

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Capreit Limited Partnership

Tenant

M.W.

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 ruling

The tenancy is terminated effective October 20, 2020. The Tenant must pay the Landlord $8,880.26, which includes rent arrears up to October 9, 2020 and charges related to NSF cheques, minus the $2,115.60 the Tenant paid after the application was filed. The Tenant must also pay $34.78 per day for compensation for use of the unit from October 10, 2020 until the Tenant moves out, and $190 for the cost of filing the application. If the Tenant does not pay the full amount by October 20, 2020, the Tenant will owe interest. If the unit is not vacated by October 20, 2020, the Landlord may file the order with the Sheriff for enforcement.