Welautham v Rusznyak

Tenant wins · Scarborough · 2025-10-02

Adjudicator

Panagiotis P. Roupas

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

S.W.

Tenant

D.R., D.R.

Tenant rep

Margareta Rusznyak, Szabo P Peter

What happened

The Landlord applied to terminate the tenancy and evict the Tenants for non-payment of rent. During the hearing, it was revealed that the Landlord served an N4 Notice on May 2, 2025, but the termination date listed on the notice was April 30, 2025. Because the notice provided no lead time and set a termination date in the past, it was found legally invalid.

The ruling

The Landlord's application for eviction and termination of tenancy is dismissed. The N4 Notice of Termination for Non-payment of Rent was found to be invalid because it was served after the termination date specified in the notice, failing to provide the Tenants with the mandatory 14-day notice period required by law.