Kanagasabai v Thomas

Landlord wins · Niagara Falls · 2024-11-01

Adjudicator

Sandra Macchione

Dispute

Damage to Property, Non-payment of Rent, Overcrowding

Notice

Non-payment of rent (N4), Termination for Damage/Overcrowding (N5)

Amount

$10-20K

Landlord

B.K.

Tenant

R.T., K.G.

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent, agreement to terminate the tenancy, and damage to the rental unit or overcrowding. The Landlord served the Tenants with an invalid N4 Notice and a second N5 Notice without filing the required first N5 Notice and Certificate of Service.

The ruling

The L3 and L2 applications were dismissed. The Tenants were ordered to pay the Landlord $15,486 by November 12, 2024, representing the rent arrears and application fee. If the Tenants do not pay by the due date, they will owe interest at 6% annually on the outstanding balance.