Evictly

Zia v Hamza

Landlord wins · Brampton · 2024-01-05

Adjudicator
Angela Long
Dispute
Non-payment of Rent
Notice
Non-payment of rent (N4)
Amount
>$20K
Landlord
A.Z.
Tenant
S.H.

What happened

Landlord applied for an order to terminate the tenancy and evict Tenant due to non-payment of rent. The Landlord served a valid N4 Notice, but the Tenant did not void the notice by paying the arrears. The Tenant was not present at the hearing.

The ruling

The Landlord's application was premature as he did not establish that he served the N4 Notice with the June 15, 2023 termination date. The Tribunal does not have jurisdiction to evict the Tenant. However, the Tenant owes $23,000 in rent arrears and the Landlord is entitled to $186 in application filing costs.