Thiruchelvarajah v Khosla

Landlord wins · Scarborough · 2025-09-18

Adjudicator

Paula West Oreskovich

Dispute

Illegal Act, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

K.T.

Tenant

R.K., A.K., R.K., K.R., P.K.

Landlord rep

Azhar Lodhi

Tenant rep

Seema Passi

What happened

The Landlord applied for eviction and rent arrears. The Tenants contested the validity of the N4 notice due to a missing unit identifier and argued they were not in arrears because they applied a damage deposit to the rent. The Board found the notice substantially complied with the Act and ruled that while the damage deposit was an illegal charge that must be credited back to the Tenants, it did not excuse the non-payment of rent as there was no agreement to apply it as such. The Tenants vacated the unit before the hearing.

The ruling

The tenancy was terminated effective June 3, 2025. The Tenants are ordered to pay the Landlord $3,271.81 by September 22, 2025. This amount represents rent arrears up to the move-out date and the filing fee, offset by the last month's rent deposit, accrued interest, and a $2,850.00 illegal damage deposit initially collected by the Landlord.