Capreit Limited Partnership v Frankish

Landlord wins · Mississauga · 2021-07-12

Adjudicator

Elizabeth Usprich

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Capreit Limited Partnership

Tenant

M.F.

Landlord rep

Gabriela Quaresma

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 July 23, 2021. The Tenant must pay the Landlord $4,145.32, which includes rent arrears up to July 12, 2021 and the cost of filing the application, less the $8,991 the Tenant paid after the application was filed. The Tenant must also pay $48.85 per day for compensation for use of the unit starting July 13, 2021 until the Tenant moves out. If the Tenant does not pay the full amount by July 23, 2021, the Tenant will start owing interest at 2% annually on the outstanding balance.