Landlord's Eviction Application Dismissed: Doj Construction Limited v Armstrong and Cormier
Landlord's eviction application dismissed due to issues with N4 notice, including illegal rent increase and claiming settled arrears
Summarized by RentZenLast updated: July 26, 2024
Case Summary
7 Fielding Street, Sudbury, ON P3A3Z3
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Application Date
Jan 2019
Hearing Date
Aug 2020
Order Date
Aug 28, 2020
Dispute Summary
The landlord applied for an order to terminate the tenancy and evict the tenants due to non-payment of rent. The tenants requested a review of the original order. The landlord's application was heard de novo.
Determinations
- Landlord illegally increased rent in January 2019
- N4 notice used incorrect rent amount
- N4 notice claimed arrears already settled
- N4 notice does not comply with Residential Tenancies Act
Case Study
The N4 notice used an illegally increased rent amount to calculate the arrears, and also claimed arrears for a period that had been previously settled. Therefore, the N4 notice was found to be invalid, and the landlord's application must be dismissed.
Arguments and Actions
Landlord
Procedural Errors
Landlord illegally increased rent, and claimed arrears already settled
Decision Summary
The landlord's application is dismissed without prejudice to the landlord filing a new application after serving a valid notice of termination.
Adjudicator Details
LTB Member
Total Orders
366
Landlord Favorable
77.9%
Tenant Favorable
13.7%
Mutual Agreement
8.5%
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