1000380068 Ontario Inc v Slater
Tenant wins · Elgin · 2025-10-21
- Adjudicator
- Paula West Oreskovich
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- 1000380068 Ontario Inc
- Tenant
- L.S., L.S.
- Landlord rep
- Micah Remedios
- Tenant rep
- John Wenham
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenants for non-payment of rent in a mobile home park. The central dispute concerned whether property taxes for the lot and water/sewage testing fees could be legally included as 'rent' in an N4 Notice of Termination. The Tenants also challenged the validity of the notice period, arguing the notice was served too late via mail to meet the 14-day statutory requirement.
The ruling
The Landlord's application to evict the Tenants for non-payment of rent was dismissed. The LTB found that the N4 Notice of Termination was invalid because it included water and sewage testing charges which do not qualify as 'rent'. Furthermore, the notice was served via mail and did not provide the Tenants with the mandatory 14-day notice period before the termination date.