1000831699 Ontario Inc. v KHAN

Tenant wins · East York · 2025-11-06

Adjudicator

Joy Xiao

Dispute

Abandonment

Landlord

1000831699 Ontario Inc.

Tenant

M.A.A.K.

Landlord rep

Jennifer Ireland, Victoria Zarif

What happened

The Landlord applied for an order to terminate the tenancy and evict the Tenant based on the belief that the Tenant had abandoned the rental unit. The Tenant had traveled out of the country for personal reasons but had sent multiple emails to the Landlord's head office informing them of his absence and his expected return date. The Landlord filed the application on the same day the Tenant returned to the unit.

The ruling

The Landlord's application to terminate the tenancy for abandonment is dismissed. The evidence showed the Tenant communicated his temporary absence and return date to the Landlord, and the Landlord filed the application knowing the Tenant intended to return. If rent is owed, the Landlord must proceed with a non-payment of rent application (N4).