Capreit Limited Partnership v Follon-Kisnics

Landlord wins · Toronto · 2022-08-11

Adjudicator

Camille Tancioco

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Capreit Limited Partnership

Tenant

H.F.

Landlord rep

J. 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 was still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated effective August 22, 2022 unless the Tenant pays $15,368.60 to void the order and continue the tenancy. If the Tenant does not pay this amount, the Tenant must move out by August 22, 2022 and pay the Landlord $13,194.80 plus daily compensation of $53.23 per day from July 21, 2022 until the Tenant moves out.