Capreit Limited Partnership v Greaves

Landlord wins · Toronto · 2022-11-04

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Capreit Limited Partnership

Tenant

H.G., S.C.

Landlord rep

N. Sharma

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The Landlord served a valid N4 Notice, which the Tenants did not void by paying the arrears. The Tenants consented to a voidable order with a November 15, 2022 termination date.

The ruling

The tenancy is terminated unless the Tenants void the order by paying $6,881.14 on or before November 15, 2022. If not voided, the Tenants must move out by November 15, 2022, and pay $4,395.35 plus $68.55 per day from October 26, 2022, until they move out. The Tenants may make a motion to void the order under section 74(11) of the Act if they pay the full amount owing plus any additional rent that became due.