Zaidi v Kaimkhani
Landlord wins · Mississauga · 2025-04-22
- Adjudicator
- Joy Xiao
- Dispute
- Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Amount
- $10-20K
- Landlord
- W.Z.
- Tenant
- R.K.
- Landlord rep
- Hashem Shafi
- Tenant rep
- Samanveer Sidhu
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant's legal representative requested an adjournment at the start of the hearing, which was denied. The Tenant challenged the validity of the N4 notice, claiming non-receipt via email, but the Board found service was proper based on a clause in the lease agreement. The Tenant's attempt to raise other issues under section 82 was also denied for failing to provide prior notice. The Board found substantial rent arrears and ordered the termination of the tenancy, with an option for the Tenant to void the eviction by paying the full amount owing.
The ruling
The tenancy is terminated unless the Tenant voids the order by paying the Landlord $21,186.00 by April 30, 2025, or $25,686.00 by May 3, 2025. If the order is not voided, the Tenant must move out by May 3, 2025, and pay the Landlord $12,812.89 (for arrears up to the hearing date, plus filing fee, less deposit and interest) plus daily compensation of $147.95 from April 8, 2025, until vacating.