Landlord Loses Non-payment Case: 9256-0739 Québec Inc. v Tyssira 2024
Landlord's application to evict Nepean tenant dismissed due to invalid N4 notice
Summarized by RentZenLast updated: October 13, 2024
Case Summary
5 Stephanie Ave, Nepean, ON K2E7A8
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jun 2023
Hearing Date
Jun 2024
Order Date
Aug 21, 2024
Dispute Summary
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, but the Tenant contested the validity of the notice, claiming that they had made rent payments that the Landlord failed to apply to the residential account.
Determinations
- Landlord unilaterally applied Tenant's rent payments to commercial account
- Tenant's payments totaled $24,600 between May-October 2023
- N4 Notice did not accurately reflect rent owed
- N4 Notice is invalid under Residential Tenancies Act
- Board cannot evict Tenant based on invalid notice
Case Study
The Landlord and Tenant Board found that the Landlord unilaterally decided to apply the Tenant's rent payments to the commercial tenancy account, rather than the residential account, without the Tenant's consent. As a result, the N4 Notice served by the Landlord was invalid, as it did not accurately reflect the rent owed by the Tenant. The Board dismissed the Landlord's application, as the Board cannot evict a tenant based on an invalid notice of termination.
Arguments and Actions
Landlord
Actions
Landlord admitted to unilaterally deciding how to apply the Tenant's rent payments.
Tenant
Arguments
Tenant argued that the Landlord unilaterally applied the rent payments to the commercial tenancy account, rather than the residential account.
Actions
Tenant claimed to have made rent payments by e-transfer, with the password being the street name of the rental unit.
Decision Summary
The Landlord's application is dismissed. The N4 Notice served by the Landlord is invalid, as it did not accurately reflect the rent owed by the Tenant. The Board cannot evict the Tenant based on an invalid notice of termination.
Adjudicator Details
LTB Member
Total Orders
13
Landlord Favorable
53.9%
Tenant Favorable
30.8%
Mutual Agreement
15.4%
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