kashefi -aazam v goodarzian

Tenant wins · Richmond Hill · 2025-09-03

Adjudicator

Sean Ramage

Dispute

Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

M.K.

Tenant

S.G., F.A., N.D.

Landlord rep

Bahman Roudgar

What happened

The Landlord sought to terminate the tenancy and evict the Tenants for non-payment of rent. However, it was revealed that the property contained two separate rental units (main floor and basement) governed by separate lease agreements and different tenant combinations. The Landlord attempted to use a single N4 notice and one application to cover both units, failing to specify which unit the notice applied to.

The ruling

The Landlord's application to terminate the tenancy and collect rent arrears is dismissed. The Notice of Termination was found to be invalid as it improperly combined two separate rental units and tenancies into a single notice without distinguishing between them. The Landlord was also unable to provide clear evidence to separate the arrears between the two units.