Ahmad v Russell
Split/Other wins · Maple · 2025-10-09
- Adjudicator
- Fabio Quattrociocchi
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- S.A.
- Tenant
- D.R., S.B.
- Landlord rep
- Maood Bin Tahih
- Tenant rep
- Claudette Ricketts
What happened
The Landlord applied for eviction and rent arrears. At the hearing, the Tenants challenged the service of the N4 notice. The Adjudicator found that wedging the notice between the exterior door frames did not constitute 'sliding it under the door' as required by the LTB Rules. Consequently, the eviction request was denied. The Landlord elected to proceed with a claim for rent arrears only, resulting in a money order for the outstanding balance without terminating the tenancy.
The ruling
The request to terminate the tenancy was denied because the Landlord failed to prove valid service of the N4 notice; wedging the notice in the door frame was insufficient. However, the Landlord was granted an order for $21,986.00 for rent arrears and the application fee. The Tenants must pay this amount by October 20, 2025. The tenancy remains in place.