Evictly

1762405 Ontario Ltd v Waldron

Landlord wins · HAMILTON · 2025-06-25

Adjudicator
Sean Ramage
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
<$5K
Landlord
1762405 Ontario Ltd
Tenant
A.W., O.C.
Landlord rep
Savan Chandaria, Wing Chu

What happened

The Landlord filed an application for non-payment of rent. The Tenants paid the arrears specified in the N4 notice before the termination date but failed to pay the next month's rent which had become due. The Landlord filed the application after the N4 arrears were paid but before the new month's rent was paid. The Tenants subsequently paid all outstanding rent before the hearing but disputed the Landlord's claim for the application fee.

The ruling

The tenancy is not terminated. The Tenants are ordered to pay the Landlord $186.00 for the cost of filing the application by July 6, 2025. This decision was made because although the Tenants paid all rent arrears, they failed to properly void the N4 notice by not paying the subsequent month's rent before the Landlord filed with the Board. Relief from eviction was granted.