1914614 Ontario Inc v McCumber

Tenant wins · Hamilton · 2025-07-15

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

1914614 Ontario Inc

Tenant

C.M.

Landlord rep

Remy Mossey

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. However, it was determined during the hearing that the Tenant had vacated the rental unit approximately one month before the Landlord filed the application. Because Section 69 requires the tenant to be in possession of the unit at the time of filing, the Board found it lacked jurisdiction to proceed with the termination and eviction request.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenant is dismissed. The Board lacked jurisdiction because the Tenant had already moved out before the Landlord filed the L1 application. The Landlord must file a separate L10 application to pursue any rent arrears from the former tenant.