Ouellette v Trottier

Tenant wins · Vanier · 2025-09-11

Adjudicator

Sheena Brar

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

E.O.

Tenant

M.T., F.B., J.T., N.B., K.J., D.K., D.N., B.N., M.U., R.V.

Tenant rep

Patrick Marchand-Smith

What happened

The Landlord applied to terminate the tenancy and evict ten individuals for non-payment of rent. The property is a rooming house where tenants occupy separate rooms and pay rent individually. The Landlord, who inherited management from his late father, lacked factual knowledge of the specific tenancy agreements. One tenant disputed the arrears amount stated in the N4 notice. The LTB member determined that because the tenants moved in at different times, occupied separate locked units, and paid rent separately, they were part of multiple distinct tenancies rather than one joint tenancy. Consequently, the Landlord's single application against all tenants was deemed defective.

The ruling

The Landlord's application to terminate the tenancy for non-payment of rent is dismissed. The adjudicator ruled that the Landlord improperly filed a single application for multiple separate tenancies within a rooming house. To proceed with eviction, the Landlord must file separate applications for each individual tenancy agreement.