Landlord Wins Rent Arrears Case Against Tenants in Paris, ON: Jeganathan v Nadjiba 2021
Landlord awarded $5518 in rent arrears, but tenant eviction dismissed due to defective notices in Paris, ON case
Summarized by RentZenLast updated: July 26, 2024
Case Summary
59 Barlow Place, Paris, ON N3L0H1
Decision in favor of
landlord
Balance Owed to Landlord
$5,518
Dispute Categories
Notices Sent
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Timeline
Application Date (Estimate)
Dec 2020
Hearing Date
Aug 2021
Order Date
Oct 25, 2021
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The Landlord also sought to amend the application to terminate the tenancy for substantial interference with the reasonable enjoyment of other tenants.
Determinations
- Notice of termination for persistent lateness is deficient
- Doubtful Landlord can amend L2 application to add new notice
- N5 notice cannot support application due to lack of prior notice
- N4 notice is defective due to inconsistent rent demanded
Case Study
The notice of termination for persistent lateness is deficient, as two late payments do not constitute persistent lateness. It is doubtful that the Landlord can amend the L2 application by adding a notice of termination that was not given before the application was filed. The notice of termination (Form N5) filed cannot support the application because it purports to be a non-voidable second notice, but a prior notice of termination was not given in the six months preceding the purported second notice. The notice of termination for non-payment of rent (Form N4) is defective because the rent demanded for the rental periods in the notice is inconsistent.
Arguments and Actions
Landlord
Procedural Errors
N4 notice is defective due to inconsistent rent demanded
Decision Summary
The Landlord's L2 application is dismissed. The Tenants shall pay the Landlord $5,317.00 in rent arrears and $201.00 for the cost of filing the application. If the Tenants do not pay the full amount by November 5, 2021, they will start to owe interest at 2.00% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
502
Landlord Favorable
90.2%
Tenant Favorable
4.8%
Mutual Agreement
5.0%
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Financial Details
Lawful Rent
$664
Rent Arrears
$5,317
Application Fee
$201
Total Owing
$5,518 (Owed to Landlord)
Source
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