Ltb Order

LTB Order Details for Alanna Mariah Helen Mckeown, Jason John Miller

📍 Courtice, Ontario

LTB Order Details

File No
LTB-L-006870-26
Application Type
Eviction for non-payment of rent
Tenant Full Name
Alanna Mariah Helen Mckeown, Jason John Miller
Rental Unit Address
667 Townline Rd N, Courtice On L1e2j4
Decision in Favour Of
Tenant
Adjudicator
Alicia Johnson
Termination Date
January 31, 2026
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Case Summary

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.

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.

Decision

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.

Legislation & Topics

Residential Tenancies Act Sections

  • s.59(1) – Landlord's right to give notice of termination for non-payment of rent 📖 read the law
  • s.59(1)(b) – Minimum 14-day notice period for non-daily/weekly tenancies 📖 read the law
  • s.59(2) – Requirements for valid N4 notice 📖 read the law
  • s.69 – Landlord's right to apply to Board for eviction order 📖 read the law
  • s.74(1) – Prohibition on filing L1 application before the day following the termination date in the notice 📖 read the law
  • s.87 – Board order for arrears without termination 📖 read the law

Related Topics

Documents

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