Evictly

Xin v Fortin

Landlord wins · Huntsville · 2022-11-10

Adjudicator
Camille Tancioco
Dispute
Persistent late payment, Non-payment of Rent
Notice
Non-payment of rent (N4), Persistent late payment (N8)
Amount
$5-10K
Landlord
W.X.
Tenant
L.A.J.F., A.J.F.

What happened

Landlord applied for termination of tenancy and eviction due to non-payment of rent and persistent late payment. The N8 Notice was found invalid due to incorrect termination date. The N4 Notice was also invalid due to incorrect rent amount stated. The Landlord proceeded with a claim for rent arrears and utilities.

The ruling

The Landlord's application for termination and eviction was dismissed due to invalid notices. However, the Tenants were ordered to pay $6,979.71 in rent arrears and utilities, plus $186.00 for the application fee. The Landlord was not found in breach of maintenance obligations. Interest at 3% annually will apply if payment is not made by November 30, 2022.