Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Landlord
Ordered Amount
$23,186
to Landlord
Agree with the ruling?
Citation: Zia v Hamza, 2024 ONLTB 1906
File Number: LTB-L-044290-23
Application Date
Jun 2023
Hearing Date
Dec 2023
Order Date
Jan 5, 2024
The Landlord's application was premature as he did not establish that he served the N4 Notice with the June 15, 2023 termination date. The Tribunal does not have jurisdiction to evict the Tenant. However, the Tenant owes $23,000 in rent arrears and the Landlord is entitled to $186 in application filing costs.
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 did not void the notice by paying the arrears. The Tenant was not present at the hearing.
Landlord testified that he served a different N4 Notice with a June 15, 2023 termination date, but the Board did not receive this notice.
Landlord filed application before termination date in N4 Notice
Tenant did not pay the full rent due between December 1, 2019 and December 31, 2023.
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Lawful Rent
$2,400
Rent Arrears
$23,000
Application Fee
$186
Ordered Amount
$23,186 (to Landlord)
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