Lynch v Bell and Calder

Split/Other wins · Lindsay · 2022-01-06

Adjudicator

Rebecca Case

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

$5-10K

Landlord

A.L.

Tenant

M.C., J.B.

Tenant rep

Duty Counsel

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 tenants did not void by paying the arrears. The tenants had vacated the rental unit on December 13, 2020, prior to the hearing date.

The ruling

The tenancy was terminated effective December 13, 2020, the date the tenants vacated the rental unit. The Landlord's application is dismissed as there was an agreement that the Landlord would provide the Tenants with $1,850.00 when they vacated on December 13, 2020, that all arrears would be waived, and that there would be no legal proceedings.