Report Rent to Equifax — Submit your monthly rent report by the 25th · 11:59 PM ET. Time left: --d · --h · --m · --s

Eviction Order Denied Due to Defective N4 Notice

Case Analysis of Dagenais v Fernandes, 2023 ONLTB 29509

Case Timeline

Application Date: Date not provided
Hearing Date: 2023-03-27
Order Issued: 2023-04-05
Termination Date: Not specified
Eviction Deadline: Date not provided

Case Overview

Case Number: LTB-L-048316-22
Address: 1377 LAUZON RD, WINDSOR ON N8S3N2
Form Used: N4 Notice of Termination
Served By: Former landlord
Amount Awarded: $0.00
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: Section 59(2), Section 116

Parties Involved

Landlord: Dave Dagenais
Landlord Rep: Gillian Dischiavo
Tenant: Miranda Fernandes
Tenant Rep: Tori-Lee Jenkins, Ravdeep Chauhan
Adjudicator: Not specified
Keywords: eviction, non-payment, rent arrears, N4 Notice, defective notice

Decision Summary

Eviction denied based on defective N4 Notice.
No arrears owed for April 2022 as tenant had paid.

Dispute Summary

Dispute over the amount of lawful monthly rent.
Landlord claimed rent was $907.00, while tenant contended it was $875.00.

Findings & Determinations

Lawful monthly rent determined to be $875.00.
N4 Notice found defective due to incorrect amount required to void.

Summary Points

Eviction application denied due to defective N4 Notice.
Landlord failed to provide proper notice for rent increases.
Tenant's payments were acknowledged, reducing arrears claimed.
View Official PDF
Share This Case
Eviction Order for Non-Payment of Rent - Yasmin Awuah v Joshua Bailey

N4 Notice - Case LTB-L-016193-25

Matched Keyword
Eviction for Non-Payment of Rent at Scarborough Residence

N4 Notice - Case LTB-L-061273-24

Matched Keyword
Eviction Order for Non-Payment of Rent in Thunder Bay

N4 Notice - Case LTB-L-006876-25

Matched Keyword

Same Adjudicator

Not specified
Eviction Order for Anthony Brown

Breach of Conditions and Termination of Tenancy

Same Adjudicator
Eviction Order for Substantial Interference - Drewlo Holdings Inc. v Cadieux

LTB Order for Termination of Tenancy and Compensation

Same Adjudicator
LTB Decision on Joint Tenancy and Rent Arrears

Case LTB-L-024271-22

Same Adjudicator

Related by Application Type

Eviction for non-payment of rent
Eviction Order for Non-payment of Rent at 307 PRINCE ARTHUR ST

N4 Notice - Case LTB-L-081335-23

Same Application Type
Consent Order for Tenant Eviction Due to Unpaid Rent

L3 Application, Case NOL-41895-21

Same Application Type
Tenant Ordered to Pay Outstanding Rent and Costs

Notice of Hearing, Case LTB-L-040708-24

Same Application Type