Invalid N4 Notice Leads to Dismissal: Qureshi v Khan 2024 ONLTB 42296
Landlord's eviction application dismissed due to invalid N4 Notice with incorrect rental period details
Summarized by RentZenLast updated: August 23, 2024
Case Summary
1527 Leger Way, Milton, ON L9E1H5
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Notices Sent
Agree with the ruling?
Timeline
Hearing Date
May 2024
Order Date
Jun 11, 2024
Dispute Summary
Landlord applied for an order to terminate the tenancy and evict Tenants due to non-payment of rent. The application was dismissed because the Landlord served an invalid N4 Notice with incorrect rental period details, which could confuse the Tenants about the case against them and their rights to void the notice.
Determinations
- Landlord served an invalid N4 Notice
- N4 Notice contained incorrect rental period details
- Incorrect details could confuse Tenants about allegations and rights
- Invalid notice cannot support the application
Case Study
The Landlord's application was dismissed due to an invalid N4 Notice. The notice contained incorrect rental period details, which could confuse the Tenants about the allegations against them and their rights to void the notice. This error violates subsection 43(2) of the Residential Tenancies Act, 2006, which requires notices to provide clear reasons and details for termination. The case of Ball v. Metro Capital Management Inc. was cited to emphasize the importance of providing accurate information in termination notices.
Arguments and Actions
Landlord
Actions
Landlord testified that rent is due on the first of the month.
Procedural Errors
Landlord served an invalid N4 Notice with incorrect rental period details, violating subsection 43(2) of the Residential Tenancies Act, 2006.
Decision Summary
The Landlord's application for termination of tenancy and eviction due to non-payment of rent was dismissed. The dismissal was based on the Landlord's use of an invalid N4 Notice, which contained incorrect rental period details. These errors were deemed to potentially confuse the Tenants about the allegations against them and their rights to void the notice, violating the requirements of the Residential Tenancies Act, 2006.
Adjudicator Details
LTB Member
Total Orders
62
Landlord Favorable
90.3%
Tenant Favorable
6.5%
Mutual Agreement
3.2%
Need assistance from an expert?
Sponsored
Source
Similar Cases
Click to switch between case outcomes
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Sripathy v Chilvers
Waterdown landlords regain possession of rental unit for personal use, tenant must vacate by January 31, 2025.
Singh v Gray
LTB upholds consent order terminating tenancy for non-payment of rent in Toronto.
Yassin v Smith
Pickering tenant faces potential eviction after dispute over rent increase and arrears
Hazelview Property Services Inc. v Fatemi
Toronto tenant evicted for non-payment of rent, owes $8,938.24 to landlord.
Goklani v Cannata
Toronto tenants' maintenance dispute against landlord dismissed by LTB
Jeff v Ferguson
Woodstock landlords awarded $35,186 in rent arrears, tenants face eviction for non-payment.
Oxford Properties Group v Benjamin
Tenant ordered to pay $22,461.70 for flood damage with conditional tenancy preservation
Sufi Properties Ltd v Nieman
Tenants ordered to pay $16,866 in rent arrears to Former Landlord after complex dispute.