Nagularapu v Gage
Split/Other wins · Sault Ste. Marie · 2025-10-28
- Adjudicator
- Mark Melchers
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- N.R.N.
- Tenant
- L.G., J.H., S.F.
What happened
The Landlord applied to terminate the tenancy and evict the Tenants for non-payment of rent. A previous order had been issued but was stayed following a review request by the Tenants. A de novo hearing was held to reconsider the Landlord's application. The central issue became the validity of the N4 notice, which failed to include all months of arrears that existed at the time of service, specifically omitting October 2024 and February 2025 while claiming them in the subsequent application.
The ruling
The request for eviction was denied because the Landlord served an invalid N4 notice that failed to accurately state the arrears owing at the time. However, the Board found that the Tenants owe substantial rent arrears. The Tenants are ordered to pay the Landlord $12,218.16 by November 8, 2025, covering arrears up to September 30, 2025, and the application filing fee.