Landlord Loses Eviction Case Against Tenant: Adyemi Ogundairo v Richard Harding
Landlord's eviction application dismissed due to improper service of N4 notice, but tenant ordered to pay $5682 in rent arrears
Summarized by RentZenLast updated: September 12, 2024
Case Summary
Unit ****, 24 Juneberry Rd, Thorold, ON L2V0B2
Decision in favor of
landlord
Balance Owed to Landlord
$5,682
Dispute Categories
Notices Sent
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Timeline
Application Date
Mar 2023
Hearing Date
Jun 2023
Order Date
Jun 29, 2023
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 notice, but the Tenant claimed he was out of the country and did not receive the notice in time.
Determinations
- Landlord's application for eviction must be dismissed
- Landlord's evidence insufficient to prove Tenant received N4 notice at least 14 days prior to termination date
- Tenant has been in possession of rental unit at all material times
- Lawful monthly rent is $687.00
- Tenant has made no payment since application was filed
- Rent arrears total $5,496.00 as of hearing date
- Landlord incurred $186.00 in filing costs
Case Study
The Landlord's application for eviction was dismissed because the Landlord's evidence was insufficient to prove the Tenant received the N4 notice at least 14 days prior to the termination date as required by the Residential Tenancies Act. The Tenant claimed he was out of the country and found the notice among his mail upon his return, but could not specify the exact date he saw it.
Arguments and Actions
Tenant
Actions
Tenant was out of the country and found the N4 notice among his mail upon his return, but could not specify the exact date.
Decision Summary
The Landlord's application for eviction was dismissed, but the Tenant was ordered to pay the Landlord $5,682.00 for rent arrears and filing costs. If the Tenant does not pay the full amount by July 10, 2023, they will start owing interest at 6% annually on the outstanding balance.
Adjudicator Details
LTB Member
Total Orders
152
Landlord Favorable
79.0%
Tenant Favorable
5.3%
Mutual Agreement
15.8%
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Financial Details
Lawful Rent
$687
Rent Arrears
$5,496
Application Fee
$186
Total Owing
$5,682 (Owed to Landlord)
Source
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