Chimienti v Lee

Tenant wins · Harwood · 2025-06-17

Adjudicator

Julie Broderick

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

N.C.

Tenant

C.L.L., J.M.

What happened

The Landlord applied to terminate the tenancy and evict the Tenants for non-payment of rent. However, the Landlord failed to properly serve the N4 Notice of Termination by taping it to the rental unit door, which is not a permitted method of service under the Residential Tenancies Act. Additionally, the N4 notice failed to properly identify the rental unit address in the designated address box, only including a unit reference next to the Tenant's name.

The ruling

The Landlord's application to terminate the tenancy for non-payment of rent was dismissed. The adjudicator found that the Landlord served the N4 notice by taping it to the door, which is an invalid method of service. Furthermore, the notice was defective as it failed to properly list the rental unit address in the appropriate section of the form.