Landlord's Eviction Application Dismissed: 2411574 Ontario Inc. v Hayes, Couturier
Landlord's eviction application dismissed due to procedural issues with N5 notices
Summarized by RentZenLast updated: July 26, 2024
Case Summary
Unit ****, 1917 St. Laurent Boulevard, Ottawa, ON K1G3R9
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
May 2021
Hearing Date
Sep 2021
Order Date
Oct 19, 2021
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenants due to failure to pay rent. The application was based on two N5 notices, but the Landlord only proceeded on the first N5 notice.
Determinations
- First N5 notice application filed out of time
- Second N5 notice defective due to timing of alleged incident
Case Study
The application based on the first N5 notice was dismissed because it was filed more than 30 days after the termination date specified in the notice, which is not allowed under the Residential Tenancies Act. The second N5 notice was also found to be defective because the alleged incident occurred prior to the voiding period.
Decision Summary
The Landlord's application is dismissed without prejudice.
Adjudicator Details
LTB Member
Total Orders
127
Landlord Favorable
97.6%
Tenant Favorable
0.8%
Mutual Agreement
1.6%
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