Landlord Wins Non-payment Case: Capreit Limited Partnership v Stevens 2023
Whitby tenant evicted for non-payment of rent, owes $2391 to landlord
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 100 White Oaks Crt, Whitby, ON L1P1B7
Decision in favor of
landlord
Balance Owed to Landlord
$2,391
Dispute Categories
Notices Sent
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Timeline
Application Date
Dec 2022
Hearing Date
Jun 2023
Order Date
Jul 10, 2023
Tenancy End Date
Jul 2023
Dispute Summary
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 was still in possession of the rental unit on the hearing date.
Determinations
- Landlord served valid N4 Notice
- Tenant did not void notice by paying arrears
- Tenant in possession on application date
- Lawful rent due on 1st of each month
- Tenant paid $6,650.60 since application filed
Case Study
The tenant should have paid the rent arrears to void the N4 notice. The landlord was entitled to the rent arrears up to the hearing date, the cost of filing the application, and compensation for the tenant's continued occupation of the unit.
Decision Summary
The tenancy is terminated unless the tenant pays $5,733.60 to void the order by July 21, 2023. If the tenant does not void the order, the tenant must pay $2,390.83 to the landlord and vacate the unit by July 21, 2023. The landlord is entitled to daily compensation for the tenant's continued occupation of the unit.
Adjudicator Details
LTB Member
Total Orders
549
Landlord Favorable
94.0%
Tenant Favorable
2.7%
Mutual Agreement
3.3%
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Financial Details
Lawful Rent
$1,210
Rent Arrears
$4,338
Application Fee
$186
Rent Deposit
$1,180
Deposit Interest
$22
Total Owing
$2,391 (Owed to Landlord)
Source
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