Hobeika v Cooper
Split/Other wins · Trent Lakes · 2025-08-01
- Adjudicator
- Sheena Brar
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- P.H.
- Tenant
- M.C.
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant for non-payment of rent. During the hearing, it was discovered that the N4 notice served by the Landlord was defective because it included rent for January 2025, which had already been covered by the initial deposit. Consequently, the Landlord requested to convert the application to an L9 application for rent arrears only, abandoning the eviction request. The Tenant attempted to raise maintenance or other issues but was barred due to a failure to disclose evidence to the Landlord prior to the hearing.
The ruling
The eviction application was dismissed due to a defective N4 notice. The Landlord was awarded a judgment for rent arrears totaling $12,186.00, representing unpaid rent from February 2025 to July 2025 plus the filing fee. The Tenant must pay this amount by August 12, 2025, or interest will begin to accrue. The tenancy continues as the application was converted to a rent-arrears-only claim.