Lupia v Mcintosh

Tenant wins · St. Catharines · 2025-06-25

Adjudicator

Amanda Kovats

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

T.L., 1277733 Ontario Limited

Tenant

D.M., K.M.

What happened

A Landlord filed for eviction for non-payment of rent against a Tenant who was a former superintendent. The core dispute was the lawful monthly rent amount. The Tenant, who had lived in the unit before becoming superintendent, argued the rent was $650.00 as per the original 2004 lease. He had received free rent during his employment (2008-2023). The Landlord argued the rent should be $1,500.00 based on increased expenses. The Board, in a review hearing, found the lawful rent is $650.00 and the N4 notice served by the Landlord was invalid for stating the incorrect rent amount, leading to the dismissal of the application.

The ruling

The Landlord's application for eviction is dismissed. The Board determined the lawful rent is $650.00, based on the original 2004 lease, not the $1,500.00 the Landlord claimed. The N4 notice was deemed invalid because it stated the incorrect rent amount. An invalid notice cannot terminate a tenancy. The Board did not issue an arrears-only order as the Landlord specifically requested an eviction order. The prior order dismissing the case as abandoned is cancelled and replaced with this dismissal on the merits.