Saini v Nagasar
Split/Other wins · Shelburne · 2025-04-07
- Adjudicator
- Candace Aboussafy
- Dispute
- Non-payment of Rent, Tenant Rights
- Notice
- Non-payment of rent (N4)
- Amount
- >$20K
- Landlord
- S.S.
- Tenant
- H.N., K.N., R.R.
What happened
The Landlord applied to evict the Tenants for non-payment of rent. The Tenants raised issues under section 82 of the Act but failed to attend the second hearing date, leading to the dismissal of their claims. The Board found the Landlord's N4 Notice of Termination defective because it stated an incorrect, higher amount of rent arrears. Consequently, the application for eviction was dismissed. However, upon the Landlord's request, the Board issued a monetary order for the rent arrears, capped at the Board's jurisdictional limit of $35,000.
The ruling
The Landlord's application to evict the Tenants is dismissed because the N4 Notice of Termination was defective. The Tenants are ordered to pay the Landlord $35,000.00 for rent arrears and the application fee. This amount is capped by the Board's monetary jurisdiction, and any amount owing above this is extinguished.