Xiang v Yue

Landlord wins · Oakville · 2024-10-23

Adjudicator

Julie Broderick

Dispute

Damage to Property, Non-payment of Rent

Notice

Non-payment of rent (N4), Damage to Rental Unit (N5)

Amount

>$20K

Landlord

W.X., X.C.

Tenant

M.Y.

Tenant rep

Amy Xiao

What happened

Landlord applied to terminate the tenancy and evict the Tenant due to non-payment of rent and damage to the rental unit. The Landlord served a valid N4 notice, but the Tenant did not receive it until after the termination date. The Landlord also served an N5 notice for damage to the garage door, but the Tenant had already repaired the damage before the notice was served.

The ruling

The Landlord's L1 application for non-payment of rent is granted. The Tenant must pay $25,554.75 in rent arrears and filing fees by October 31, 2024. The Landlord's L2 application for damage to the rental unit is dismissed as the N5 notice was invalid.