Kim v Martineau

Tenant wins · Fort Frances · 2021-09-02

Adjudicator

Shannon Kiekens

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

B.K.

Tenant

M.M., T.H.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants 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 Landlord claimed the Tenants did not void by paying the arrears.

The ruling

The Landlord's application was dismissed because the N4 notice issued by the Landlord was defective as it included an amount that was not yet in arrears as of the date the N4 was issued.