Dagenais v Fernandes
Tenant wins · Windsor · 2023-04-05
- Adjudicator
- John Cashmore
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- <$5K
- Landlord
- D.D.
- Tenant
- M.F.
- Landlord rep
- Gillian Dischiavo
- Tenant rep
- Tori-Lee Jenkins, Ravdeep Chauhan
What happened
Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant was still in possession of the rental unit at the time of the hearing. The parties disagreed on the lawful monthly rent amount, with the Landlord claiming $907 and the Tenant claiming $875. The Landlord increased the rent without providing the required 90-day written notice as per the Residential Tenancies Act.
The ruling
The Landlord's application for eviction is denied as the N4 Notice was found to be defective. The Tenant is ordered to pay the Landlord $1,936.00 for rent arrears and application filing costs. If the Tenant does not pay by April 30, 2023, they will owe interest at 6% annually on the outstanding balance.