Enterprise REIT Operating LP v Chapman

Landlord wins · Scarborough · 2023-03-20

Adjudicator

Percy Laryea

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$10-20K

Landlord

Enterprise REIT Operating LP

Tenant

K.K., W.C.

Landlord rep

Debbesha Morris

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 tenants did not void by paying the arrears. The tenants were still in possession of the rental unit on the hearing date.

The ruling

The tenancy is terminated unless the Tenants pay $14,150.60 to void the order by March 31, 2023. If the Tenants do not pay, they must vacate the unit by March 31, 2023, and the Landlord can file the order with the Sheriff to enforce the eviction starting April 1, 2023. The Landlord is authorized to deduct $67.40 per day from the rent deposit and interest owed to the Tenants for the Tenants' continued occupation of the unit after February 28, 2023.