Rent Arrears Case: Khatoon v Marianna 2024 - Invalid N4 Notice
Toronto landlord granted $24601 in rent arrears despite invalid N4 notice
Summarized by RentZenLast updated: November 14, 2024
Case Summary
Unit ****, 2152 Lawrence Avenue E, Toronto, ON M1R0B5
Decision in favor of
landlord
Balance Owed to Landlord
$24,601
Dispute Categories
Notices Sent
Subsections of RTA Quoted
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Timeline
Application Date (Estimate)
Oct 2023
Hearing Date
Jun 2024
Order Date
Sep 3, 2024
We estimate Application Date using rent arrears.
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The N4 notice was found to be invalid due to incorrect rental periods and signature date.
Determinations
- Tenants still in possession of rental unit
- Lawful rent is $2,600.00 due on 1st of each month
- No payments made since application filed
- Rent arrears of $24,400.00 as of June 30, 2024
- N4 notice found invalid
Case Study
The N4 notice was deemed invalid under Section 43 of the Residential Tenancies Act, 2006 due to incorrect rental period listings and inconsistent dates.
Arguments and Actions
Landlord
Arguments
Landlord opposed adjournment due to substantial rent arrears.
Tenant
Arguments
Tenant attempted to argue for an adjournment based on language barrier.
Actions
Tenant requested an adjournment due to need for a Hungarian interpreter, which was denied.
Procedural Errors
Failed to secure interpreter for second hearing
Decision Summary
Landlord's application for rent arrears was partially successful. While the N4 notice was found invalid, the Landlord was granted an order for $24,601.00 in rent arrears and filing costs, with interest to commence on September 15, 2024.
Adjudicator Details
LTB Member
Total Orders
100
Landlord Favorable
85.0%
Tenant Favorable
11.0%
Mutual Agreement
4.0%
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Financial Details
Lawful Rent
$2,600
Rent Arrears
$24,400
Application Fee
$201
Total Owing
$24,601 (Owed to Landlord)
Source
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