Elharar v Mejias

Tenant wins · North York · 2025-12-09

Adjudicator

Dawn Carr

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

S.E.

Tenant

J.A.J.M., F.M.

What happened

The Landlord applied to terminate the tenancy and evict the Tenants for non-payment of rent and NSF charges. However, a dispute arose regarding whether the N4 Notice was properly served. The Landlord provided inconsistent testimony regarding the service method, while the Tenant claimed the notice was left on the door doorknob, which is not in accordance with the Act.

The ruling

The Landlord's application to terminate the tenancy and evict the Tenants is dismissed. The adjudicator ruled that the Landlord failed to prove the N4 Notice was served correctly under the Residential Tenancies Act, 2006, citing inconsistent testimony from the Landlord and a service method (tucked above the doorknob) that does not comply with legal requirements.