Capreit Limited Partnership v Ferguson

Landlord wins · Whitby · 2021-10-15

Adjudicator

Jitewa Edu

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Capreit Limited Partnership

Tenant

K.W.F., R.F.

Landlord rep

N. Sharma

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 paid full rent since May 2020.

The ruling

The tenancy is terminated effective October 26, 2021. The Tenants must pay the Landlord $3,014.07, which includes rent arrears up to October 15, 2021, less the rent deposit and interest owed on the deposit. The Tenants must also pay $43.93 per day for compensation for use of the unit from October 16, 2021 until they move out, and $186 for the application filing fee. If the full amount is not paid by October 26, 2021, the Landlord may file the order with the Sheriff to enforce the eviction.