1000313621 Ontario Inc. v Rahmani Gaskarei

Tenant wins · North York · 2025-10-01

Adjudicator

Susan Priest

Dispute

Substantial Interference, Unauthorized Occupant, Utilities

Notice

Substantial interference (N5)

Landlord

1000313621 Ontario Inc.

Tenant

N.R.G., M.D.R.

Landlord rep

Ghasem Ghods, Mahsa Sagheb

Tenant rep

Bahman Roudgarnia

What happened

The Landlord applied to terminate the tenancy and evict the Tenants, alleging substantial interference with reasonable enjoyment. The Landlord claimed that unauthorized individuals were living in the unit after a furnace service visit and a phone call with one Tenant indicated they no longer resided there. The Landlord also sought compensation for utility costs and daily occupation after the termination date. However, the Board found that the Tenants had already vacated the premises before the application was filed and that the N5 notice was improperly used to target unauthorized occupants rather than the Tenants themselves.

The ruling

The Landlord's application for termination of tenancy and compensation for utilities was dismissed. The Board found the N5 notice invalid as it was directed at unauthorized occupants and determined it lacked jurisdiction because the Tenants had vacated the unit prior to the filing of the application.