Safari Livari v Carlo Castillo Daza
Landlord wins · Kanata · 2025-09-11
- Adjudicator
- Sheena Brar
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- J.S.L.
- Tenant
- J.C.C.D.
What happened
The Landlord applied to terminate the tenancy and evict the Tenant for non-payment of rent. During the hearing, it was discovered that the N4 notice was defective because it failed to specify the particular rental unit (Main Floor) in a house where the basement was also rented out. The Landlord chose to convert the application to seek only rent arrears rather than eviction. The Tenant did not attend the hearing.
The ruling
The LTB ruled that the Landlord's eviction notice was defective due to an incomplete address. However, the Board ordered the Tenant to pay the Landlord $12,186.00 for rent arrears and the application fee. Eviction was not granted as the application was converted to a payment-only order.