Pepe v Ewanko Nicholls, Deschenes

Tenant wins · Toronto · 2022-03-02

Adjudicator

Fabio Quattrociocchi

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

D.P.

Tenant

M.E.N., R.D.

Landlord rep

Baira Oldvurova

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 is dismissed as the N4 notice of termination was defective and did not comply with the Residential Tenancies Act, 2006. The Board does not have jurisdiction to terminate the tenancy.