Can-Am Urban Native Non-Profit Homes v King

Split/Other wins · Windsor · 2024-09-05

Adjudicator

Julie Broderick

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

Non-payment of rent (N4), Persistent late payment (N8)

Amount

<$5K

Landlord

Can-Am Urban Native Non-Profit Homes

Tenant

J.K., C.K.

Landlord rep

Eric Hill, Louis Marion

Tenant rep

Joseph King

What happened

The landlord, Can-Am Urban Native Non-Profit Homes, applied for an order to terminate the tenancy and evict the tenants, Joseph King and Calvin King, due to non-payment of rent and persistent late payment of rent.

The ruling

The Landlord's L1 and L2 applications were dismissed. The Board found that the N8 notice served by the Landlord did not satisfy the requirements of s.43(2) of the Residential Tenancies Act, as it lacked sufficient details on the late rent payments. The Board also found that it had no jurisdiction to proceed on the L1 application due to the minimum $5 order amount requirement.