Capreit Limited Partnership v Kenneth Kingsbury David

Landlord wins · North York · 2021-07-05

Adjudicator

Kathleen Wells

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

Capreit Limited Partnership

Tenant

K.K.D.

Landlord rep

Maria Bloch

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 had vacated the rental unit on May 31, 2021, prior to the hearing date.

The ruling

The tenancy is terminated effective May 31, 2021, the date the tenant vacated the rental unit. The tenant is ordered to pay $9,887.48 to the landlord, which includes rent arrears up to the move-out date, NSF cheque charges, and the cost of filing the application, less the rent deposit and interest owed on the deposit. If the tenant does not pay the full amount by July 16, 2021, the tenant will owe simple interest at 2% annually on the outstanding balance.