Wang v Mintz

Landlord wins · York · 2022-10-31

Adjudicator

Frank Ebner

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

Z.W.

Tenant

D.M.

Landlord rep

Jinxing Wang

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The application was filed on the same day as the termination date on the N4 notice, which was not permitted under the Residential Tenancies Act. The Board proceeded with the application for rent arrears only, not for termination of tenancy.

The ruling

The Tenant is ordered to pay the Landlord $1,746.00, which includes $1,560.00 in rent arrears up to October 31, 2022, and $186.00 for the cost of filing the application. The application for termination of tenancy was dismissed due to a procedural error, but the Board retained jurisdiction to consider the claim for rent arrears.