First Ave (No. 6) Inc. v Gauthier

Split/Other wins · North Bay · 2025-04-28

Adjudicator

Elena Jacob

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

First Ave (No. 6) Inc.

Tenant

J.G., V.G.

Landlord rep

Paula Peroni

What happened

The Landlord applied for termination and eviction due to non-payment of rent. The Tenants were former superintendents whose employment was terminated. A dispute arose regarding the lawful rent after their employment ended; the Landlord claimed $2,000 per month, while the Tenants claimed $850. The LTB examined conflicting Tenant Acknowledgement Forms and determined the lawful rent to be $1,500. The Landlord withdrew the eviction request and sought only arrears.

The ruling

The LTB found the Landlord's eviction notice (N4) invalid due to an incorrect rent amount. However, the Landlord was permitted to collect arrears. The lawful rent was set at $1,500.00 per month. The Tenants are ordered to pay $3,436.00 to the Landlord by May 9, 2025, covering arrears and the filing fee.