M.R.C. v M.L.M. Inc

Tenant wins · 2017-09-25

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

M.L.M. Inc

Tenant

M.

Landlord rep

V.L.

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 later filed a motion to void the eviction order, claiming the full amount was paid before the enforcement date.

The ruling

The Landlord's motion to set aside the order declaring the eviction order void is denied. The Board is directed by the Legislature to refuse to set aside the order because the Tenant achieved a zero balance owing, even though the payment was made after the enforcement date.