Evictly

2765749 Ontario Corporation v Franklin Young

Tenant wins · London · 2022-10-26

Adjudicator
Michelle Tan
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Landlord
2765749 Ontario Corporation
Tenant
F.Y.
Landlord rep
James Fernandez
Tenant rep
Betsy Esbaugh

What happened

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 had not vacated the rental unit prior to the hearing date.

The ruling

The motion to void order LTB-L-003076-21 is granted. Order LTB-L-003076-21 is void and cannot be enforced by the Landlord. Interim order LTB-L-003076-21-RV-IN issued on July 20, 2022 is cancelled. The Board shall pay out to the Tenant, Franklin Young, the amount of $1,518.50, together with any accrued interest.