FANG v Saraco-Lanzellotti

Tenant wins · Ottawa · 2025-10-28

Adjudicator

Dana Wren

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

K.F., L.L.

Tenant

A.S.

Landlord rep

Cheng Fang

What happened

The Landlords applied to terminate the tenancy and evict the Tenant due to non-payment of rent. During the hearing, it was discovered that the N4 notice was defective because the ledger provided by the Landlords contained multiple mathematical errors, making it confusing for a reasonable person. Furthermore, the Landlords failed to provide an accurate update of arrears despite being warned by the Adjudicator to do so before the hearing. Because the Landlords could not prove the amount of arrears with credible evidence, the application was dismissed.

The ruling

The Landlords' application to terminate the tenancy and for an order of arrears is dismissed. The Landlords failed to provide a clear and accurate accounting of the rent owed, provided a defective N4 notice with mathematical errors, and did not comply with the Adjudicator's instructions to correct their update sheet.