Capello v Gayed and Nwaiwu
Last updated: October 12, 2026
Order
Decision in favor of
Landlord
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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PDF provided by the Ontario LTB Order Catalogue
Citation: Capello v Gayed and Nwaiwu, LTB-L-044940-26
File Number: LTB-L-044940-26
Timeline
Application Date (Estimate)
Jun 2026
Hearing Date
Jul 2026
Order Date
Jul 31, 2026
Tenancy End Date
Aug 2026
We estimate Application Date using rent arrears.
Decision
The Landlord's application for termination and eviction due to non-payment of rent is granted conditionally. The Tenants may void the eviction by paying the specified amount by the deadline.
Dispute
The Landlord applied for an order to terminate the tenancy and evict the Tenants because the Tenants did not pay rent.
Determinations
- The Landlord served the Tenants with a valid N4 Notice to End Tenancy Early for Non-payment of Rent.
- The Tenants did not void the notice by paying arrears.
- As of the hearing date, the Tenants were still in possession of the rental unit.
- The lawful monthly rent is $4,000.00, due on the 1st of each month.
- The daily rent/compensation is $131.51.
- The Tenants paid $9,000.00 since the application was filed.
- Rent arrears owing to July 31, 2026, are $4,000.00.
- The Landlord incurred application filing costs of $186.00.
- The Landlord holds a rent deposit of $4,000.00.
- Rent deposit interest of $75.25 is owing to the Tenants for the period from August 31, 2025 to July 23, 2026.
- The Landlord attempted to negotiate a repayment agreement.
- It would be unfair to grant relief from eviction pursuant to subsection 83(1).
Landlord's Arguments
Actions and Evidence
The Landlord attended the hearing, provided evidence of proper service, attempted to negotiate a repayment agreement, and testified regarding payments made.
Considerations
Tenant's Arguments
Actions and Evidence
The Tenants failed to attend the hearing, did not respond to repayment outreach from the Landlord, and remained in possession of the rental unit while in arrears.
Considerations
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