Evictly

Baccus v Baccus

Landlord wins · Scarborough · 2021-06-16

Adjudicator
Vladimir Nikitin
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Landlord
C.A.B.
Tenant
D.N.B.
Landlord rep
Chris Randall
Tenant rep
Jacky Chiu

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 N4 Notice, which the Tenant did not void by paying the arrears. The Tenant argued that the rental unit was his own property and he did not need to pay rent.

The ruling

The Landlord's application was dismissed. The Landlord failed to establish the lawful monthly rent of $1,000, and the N4 Notice did not correctly set out the rent arrears as required by the Act.