Case Study

LTB Order LTB-L-006870-26 – Landlord's L1 Application Dismissed (Courtice, ON)

Defective N4 Notice and Premature Filing Lead to Dismissal of Eviction Application for Non-Payment of Rent

🕑 Case timeline

Application Date: January 25, 2026

Hearing Date: March 31, 2026

Order Issued: April 2, 2026

Termination Date: January 31, 2026

Eviction Deadline: N/A – Application dismissed

ℹ️ Case overview

Case Number: LTB-L-006870-26
Address: 667 Townline Rd N, Courtice ON L1E2J4
Form Used: N4
Served By: Canada Post (first notice); In-person (second notice)
Amount Awarded:
Decision In Favor: Tenant
Application Type: Eviction for non-payment of rent
RTA Sections: s.59(1) – Landlord's right to give notice of termination for non-payment of rent, s.59(1)(b) – Minimum 14-day notice period for non-daily/weekly tenancies, s.59(2) – Requirements for valid N4 notice, s.69 – Landlord's right to apply to Board for eviction order, s.74(1) – Prohibition on filing L1 application before the day following the termination date in the notice, s.87 – Board order for arrears without termination

👥 Parties involved

Landlord: Salekur Rahman
Landlord Rep: Self Represented
Tenant: Alanna Mariah Helen McKeown, Jason John Miller
Tenant Rep: Self Represented
Adjudicator: Alicia Johnson
Keywords: N4 defective, insufficient notice, 14-day notice, s.59 RTA, s.74 RTA, premature filing, res judicata, L1 dismissed, monthly tenancy, arrears

⚖️ Decision summary

The Landlord's L1 application is dismissed.
No eviction order was issued and no monetary award was granted.
The dismissal was based on a defective N4 notice, premature filing of the L1 application, and attempted relitigation of previously determined arrears claims.

⚠️ Dispute summary

Landlord sought to terminate tenancy and evict tenants due to unpaid rent.
Tenants claimed they did not receive the first N4 notice; Landlord served a second N4 in person.
Board found both N4 notices problematic and the L1 application procedurally defective.

📑 Findings & determinations

First N4 notice (termination date January 20, 2026) delivered January 8, 2026 provided only 12 days notice, falling short of the 14-day minimum required under s.59(1)(b) of the RTA for monthly tenancies.
Second N4 notice (termination date January 31, 2026) served January 17, 2026 was valid on its face, but the L1 application was filed January 25, 2026 — before the termination date — in violation of s.74(1) of the RTA.
A prior Board order (LTB-L-086028-25) dated January 22, 2026 had already adjudicated arrears up to January 31, 2026 under s.87; the current application appeared to relitigate previously decided claims.
For all three reasons, the Landlord's application was dismissed.

💡 Summary points

Landlord applied to evict tenants for non-payment of rent via an L1 application.
The first N4 notice was delivered January 8, 2026 with a termination date of January 20, 2026, providing only 12 days notice — less than the required 14 days for a monthly tenancy.
A second N4 notice was served in person on January 17, 2026 with a termination date of January 31, 2026, but the L1 application was filed on January 25, 2026 — before the termination date — rendering it premature under s.74(1) of the RTA.
A prior Board order (LTB-L-086028-25, issued January 22, 2026) had already granted the Landlord arrears under s.87 up to January 31, 2026, raising concerns about relitigation.
The application was dismissed on all three grounds.
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🧑‍⚖️ Same adjudicator

Alicia Johnson

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