Capreit Limited Partnership v McLaren

Landlord wins · Whitby · 2020-11-27

Adjudicator

Nancy Morris

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Capreit Limited Partnership

Tenant

T.M.

Landlord rep

G. 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 ruling

The tenancy is terminated effective December 8, 2020. The Tenant must pay the Landlord $10,457.10, which represents the rent arrears and compensation up to November 27, 2020, less the rent deposit and interest owed on the deposit. The Tenant must also pay $49.32 per day for compensation for use of the unit starting November 28, 2020 until the Tenant moves out, and $190.00 for the cost of filing the application. If the Tenant does not pay the full amount by December 8, 2020, the Tenant will start owing interest at 2% annually on the outstanding balance. If the unit is not vacated by December 8, 2020, the Landlord may file the order with the Court Enforcement Office for enforcement.