Evictly

Audet v Menard

Tenant wins · Hawkesbury · 2021-01-11

Adjudicator
Robert Patchett
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Landlord
F.A.
Tenant
C.M.
Tenant rep
Samuel Gauthier

What happened

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 with a termination date of August 30, 2021, but filed the application before the expiry of the notice period.

The ruling

The Landlord's application was dismissed because it was filed before the expiry of the N4 notice period. The Tenant had until August 30, 2021 to void the notice by paying the arrears, but the Landlord filed the application before that date.