Evictly

Popal v Ellison - Johnson

Split/Other wins · Oshawa · 2025-06-03

Adjudicator
Sheena Brar
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
$5-10K
Landlord
A.P.
Tenant
J.E.J.E.J., J.K.
Landlord rep
Aj Khalili

What happened

The Landlord filed an application to evict the Tenants for non-payment of rent. During the hearing, it was revealed that the N4 notice served was defective because it failed to name one of the tenants listed on the lease. Consequently, the eviction portion of the application could not proceed. The Landlord requested and was granted permission to convert the application to an L9 for rent arrears only. The parties then came to an agreement on a payment plan for the outstanding amount.

The ruling

The application for eviction is dismissed due to a defective N4 notice. The Tenants are ordered to pay the Landlord a total of $7,626.00, which covers rent arrears up to April 30, 2025, and the application filing fee. This amount is to be paid according to an agreed-upon monthly payment plan. If the Tenants default on a payment, the full remaining balance will become immediately due and payable with interest.