Park Property Management Inc. v Ricciardi
Tenant wins · Toronto · 2025-10-03
- Adjudicator
- Mayra Sawicki
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- Park Property Management Inc.
- Tenant
- D.R., D.F.
- Landlord rep
- A. Sada
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenants due to non-payment of rent. The Tenants contested the application, arguing that the Notice to End the Tenancy Early for Non-payment of Rent (N4 Notice) was defective and confusing because it included rental periods that had already been resolved and paid following a previous LTB order.
The ruling
The Landlord's application for termination and eviction is dismissed. The LTB found that the N4 Notice served by the Landlord was defective because it included rental arrears that had already been paid by the Tenants to satisfy a previous Board order. This inclusion caused sufficient confusion that a reasonable person could not understand the amount required to void the notice, especially as the Landlord ignored the Tenant's requests for clarification.