Guo v Noble

Landlord wins · Kingston · 2023-04-13

Adjudicator

Percy Laryea

Dispute

Non-payment of Rent, Persistent Late Payment

Notice

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

Amount

$10-20K

Landlord

J.G.

Tenant

A.N., D.N.

Landlord rep

Jeremy Liu

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to failure to pay rent and persistent late payment of rent. The landlord served valid N4 and N8 notices, but the N4 notice was found to be defective as the parties had agreed to use the last month's rent deposit for December 2021 rent payment. The Tenants were still in possession of the rental unit at the time of the hearing.

The ruling

The N4 notice was found to be defective, so the tenancy cannot be terminated based on that notice. However, the Tenants are ordered to pay the Landlord $18,852, which includes rent arrears to February 28, 2023 and the application filing fee. If the Tenants do not pay the full amount by April 24, 2023, they will start owing interest and the Landlord can file the order with the Court Enforcement Office for eviction.