Last updated: July 22, 2024
Ordered by Amanda Kovats,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$907
to Landlord
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Citation: MEDALLION CORPORATION v Shurland, 2023 ONLTB 37520
File Number: LTB-L-036301-22-RV
Application Date
Jun 2022
Hearing Date
Apr 2023
Order Date
May 15, 2023
The Tenant's request to review the previous order was granted. The N4 Notice was found to be valid, but the Tenant's payment on April 28, 2022 voided the notice. The Landlord's application was converted to an arrears-only application, and the Tenant was ordered to pay $907.07 in rent arrears and application costs in $100 monthly installments.
Landlord applied for an order to terminate the tenancy and evict Tenant due to failure to pay rent. The application was filed after serving a valid Notice to End Tenancy Early for Non-payment of Rent (N4 Notice), which the Tenant initially did not void by paying the arrears. However, the Tenant later made a payment that voided the N4 Notice, so the Landlord's application was converted to an arrears-only application.
Landlord argued the N4 Notice was valid and that the Tenant's April 28, 2022 payment did not void the notice because it did not clear until May 2, 2022.
Tenant argued the N4 Notice was invalid because it was confusing, but this argument was rejected.
Tenant made a payment of $694.61 on April 28, 2022 that voided the N4 Notice.
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Lawful Rent
$712
Rent Arrears
$721
Application Fee
$186
Ordered Amount
$907 (to Landlord)
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