1000380068 Ontario Inc. v Best
Tenant wins · Elgin · 2025-10-21
- Adjudicator
- Paula West Oreskovich
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- 1000380068 Ontario Inc.
- Tenant
- W.B.
- Landlord rep
- Micah Remedios
- Tenant rep
- John Wenham
What happened
The Landlord applied to terminate the tenancy and evict Tenant for non-payment of rent. The Tenant challenged the validity of the N4 Notice, arguing that the Landlord improperly included water/sewage testing fees and lot property taxes as rent arrears. Additionally, issues regarding the service timing of the N4 Notice were raised.
The ruling
The Landlord's L1 application is dismissed. The N4 Notice was found to be invalid on two grounds: first, it included water and sewage testing fees which do not qualify as rent; second, the notice period provided was insufficient under the Act because the termination date was only two days after the deemed service date.